IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.3262 of 2024 ======================================================

1. The Zonal Manager Central Bank of India, 3rd Floor, Maurya Lok Complex, Patna.

2. The Assistant General Manager, Regional Office, Central Bank of India, Alalpatti, PO- DMCH, District- Darbhanga.

... ... Petitioner/s Versus

1. Bimal Chandra Mishra Son of Late Buchi Mishra R/o P.O. and P.S.-

Ghoghardiha, District- Madhubani.

2. The Industrial Tribunal, Patna through its presiding Officer.

... ... Respondent/s ======================================================

Appearance :

For the Petitioner/s : Mr. Siddharth Harsh, Advocate For the Respondent/s : Mr. Subodh Kumar Jha, Advocate Mr. Krishna Kumar, Advocate Mr. Pranav Kumar Jha, Advocate Mr. Chandra Mohan Jha, Advocate ======================================================

CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN

ORAL JUDGMENT

Date : 10-02-2026 Heard learned counsel for the petitioners (Management-Bank) and learned counsel for the respondents.

2. The present writ petition has been filed for the following reliefs:-

a) For issuance of an appropriate writ/order/direction setting aside the Award dt.20/07/2023 passed by the Presiding Officer, Industrial Tribunal, Patna in Reference Case no.01(C) of 2021 where under and whereby the tribunal has set aside the order of the Disciplinary Authority dt.06/08/2015 dismissing the respondent and the order dt.01/02/2016 passed by the Appellate Authority confirming the order of Disciplinary Authority.

b) For staying the effect of the impugned Award dt.20/07/2023 passed by the Presiding Officer, Industrial Tribunal, Patna in Reference Case no.01(C) of 2021 during pendency of this writ application.

c) For any other relief or reliefs for which the petitioner would be found entitled to in the facts and circumstances of the case.

3. Learned counsel for the petitioners (Management-Bank) submits that the petitioners are office bearers of a nationalized bank, namely, the Central Bank of India, a body corporate. He further submits that respondent No. 1 was an employee of the Central Bank of India and in the year 2011 he was posted as Head Cashier at Singhwara Branch under the Darbhanga Regional Office of the Central Bank of India. One customer of the bank deposited Rs. 36,000/- in cash in his CKCC account bearing A/c No. 2241733201 at the Singhwara Branch of the Central Bank of India. This amount was received by the private respondent in cash but the same was not credited to the said account of the depositor. It was further alleged that the same account holder came again on 14.06.2011 to deposit Rs. 10,000/- in his CKCC account and raised his objection regarding non-deposit of Rs. 36,000/- in his account. On showing the deposit slip signed by the private respondent, the Branch made a credit entry of the said Rs. 36,000/- in the account of the customer on 14.06.2011. He further submits that the account of the customer was reversed by the private respondent on 06.08.2011 and thus the amount deposited by the customer was never handed over to the Bank. He further submits that the said customer submitted a written complaint on 24.07.2013 to the Deputy Regional Manager of the Bank. After receiving the complaint of the customer, the Bank, upon verifying the allegations, issued a letter to the private respondent to submit his explanation. The explanation submitted by the private respondent was not found satisfactory and, therefore, the Bank issued a charge memo on 03.11.2014 to the private respondent. He further submits that upon receiving the charge memo, the private respondent did not file any show cause against the said charge sheet. However, the private respondent submitted his reply on 08.06.2015 when the enquiry was already over. He was also provided an opportunity to defend himself and to lead his evidence. The Enquiry Officer initiated the inquiry and, after granting several dates and issuing notice to the private respond