JUDGMENT :

J.J. MUNIR, J.

1. The petitioner, Ravi Shanker Dwivedi, was a Single Window Operator-A, a member of the clerical staff employed with the Punjab National Bank, Gorakhpur. He was posted at the Urdu Bazar Branch of the Punjab National Bank, Gorakhpur. He was suspended pending inquiry into the allegations of embezzlement of funds relating to two customers, to wit, Munni Devi, who was the holder of Account No. 0184000100257189 and Om Prakash Verma, holder of Account No. 0184000100200844. A charge-sheet was issued to the petitioner, carrying a solitary charge, that reads to the following effect:

CHARGE: 1-At BO : Urdu Bazar two customers Smt. Munni Devi A/c No. 0184000100257189 and Shri Om Prakash Verma A/c No. 0184000100200844 complained of unauthorised debts in their SF accounts it was revealed that you have committed unauthorised transactions/withdrawals in the SF accounts of these two customers on different dates and embezzlement amount of Rs. 3.65 lacs as under thereby jeopardizing the interest of the bank.

Account No. 0184000100257189 of Smt. Munni Devi:

Account No. 0184000100200844 of Shri Om Prakash Verma:

The matter has been reported as Fraud to RBI.

Due to your above acts, Bank’s interest & reputation has been jeopardised.

The aforesaid acts of yours are prejudicial to the interest of bank and constiture Gross Misconduct as per clause (j) of Paragraph 5 of Bipartite Settlement dated 10/04/2002 as amended from time to time.

2. A reply to the charge-sheet was submitted by the petitioner on 14.02.2021, denying the charge and pleading his detailed defence. The Inquiry Officer submitted his report dated 10.05.2021, holding the charge proved. The petitioner was served with a show-cause notice dated 01.06.2021 by the Deputy General Manager, Punjab National Bank, Circle Office, Gorakhpur, acting as the Disciplinary Authority. The show-cause notice is detailed and after referring to the solitary charge and the gist of findings, the Inquiry Officer proposed to impose upon the petitioner the penalty of compulsory retirement with superannuation benefits i.e. pension and/or Provident Fund and Gratuity, without disqualification from future employment.

3. In answer to the show-cause notice, the petitioner showed cause by his reply dated 09.06.2021. The Disciplinary Authority, by an order passed on the same day i.e. 09.06.2021, proceeded to punish the petitioner with compulsory retirement, granting superannuation benefits with no disqualification from future employment.

4. Aggrieved by the order passed by the Disciplinary Authority, the petitioner preferred an appeal to the Appellate Authority, the General Manager/Zonal Manager, Punjab National Bank, Zonal Office, Lucknow vide his appeal dated 06.07.2021. The Appellate Authority, by his order dated 30.12.2021, dismissed the appeal, affirming the Disciplinary Autho