IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE VISHAL MISHRA th ON THE 13 OF FEBRUARY, 2025 WRIT PETITION No. 5273 of 2006 DURYODHAN GANPAT RAMTEKE Versus CENTRAL BANK OF INDIA AND OTHERS Appearance:

Shri Naveen Vaswani - Advocate for the petitioner.

Shri A. K. Pandey - Advocate for the respondents.

ORDER The present petition is filed assailing the order dated 26.6.2005 (Annexure -P/11), order dated 19.9.2005 (Annexure-P/13), order dated 19.9.2005 (Annexure-P/14) and order dated 7.12.2005 (Annexure-P/15) whereby the allegations of embezzlement of Rs.2 Lakhs was levelled against the petitioner and he was dismissed from service on the ground that the charges levelled against him were found proved and the appeal filed against the order of dismissal from service has been affirmed.

2. It is the case of the petitioner that he was initially appointed on the post of Clerk on 17.3.1986 and was posted at Central Bank of India, Branch Parasia, Chhindwara and thereafter, he was promoted on the post of Casher and was posted at Central Bank of India, Linga Branch, at Chhindwara. While he was working on the post of casher, he was held responsible for embezzlement of Rs.2 lakhs as while closing the cash, Branch Manager found shortage of Rs.2 Lakhs which was in the custody of the petitioner and Signature Not Verified Signed by: JITENDRA the Branch Manager also wrote a letter to the concerned Police Station for lodging the first information report against the petitioner, upon which, an FIR for offence under Section 409 of IPC was registered against the petitioner. The petitioner was chargesheeted along with other employee who is private respondent no. 5 in the matter. However, no FIR was registered against the private respondent no. 5. On 28.9.2004 a charge sheet was issued to the petitioner to the effect that the petitioner while handling the cash department on 29.4.2004 by keeping his set of cash keys in an pen drawer, caused a loss of Rs.2 Lakhs to the Bank and thus, he is charged with gross misconduct under Para 5 (j) of the Memorandum of Settlement on Disciplinary Action Procedure for workmen dated 10.4.2002 and was asked to present himself in the departmental proceedings. Thereafter, on 2.12.2004 the petitioner submitted an application to the Disciplinary Authority i.e. Regionary Manager, Central Bank of India Chhindwara permitting him to defend his case by Shri D. D. Ukey who was a Joint General Secretary of Central Bank Shoshit Karmachari Sangh, New Delhi. However, the said application was rejected. Thereafter, the petitioner again submitted an application on 1.1.2005 for appointment of Shri D. D. Ukey as his defense representative but this time again his application was rejected on 5.1.2005. Being aggrieved by the order dated 5.1.2005 the petitioner preferred a letter to the Appellate Authority i.e. Zonal Manager, Central Bank of India at Raipur and the Appellate Authority vide order dated 2.2.2005 passed an order in favour of the petitioner. Again the petitioner on 15.5.2005 submitted another application permitting him to defend his case by Mr. D.D. Ukey, Signature Not Verified Signed by: JITENDRA however, the said application fell into deaf ear. However, in the meanwhile, inquiry proceeding was completed and inquiry report was prepared which was forwarded to the Disciplinary authority pointing out the fact that the charge levelled against the petitioner was found to be proved. An order based upon the inquiry report was issued to dismiss the petitioner from service dated 5.9.2005. On the same day i.e. on 19.9.2005 an Administrative order was passed by the Regional Manager terminating the petitioner from service. Being aggrieved by the order dated 19.9.2005, the petitioner preferred an appeal before the Zonal Manager who affirmed the order passed by the Disciplinary Authority holding that the petitioner has been given an opportunity of personal hearing to submit any new evidence or witness but he in his persona