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2010 (7) TMI 1150 - SC - Indian LawsContempt petition for non-implementation - misappropriation the amount - Bank's Branch manager - the respondent was working as a Manager of the appellant's Branch. In a vigilance inspection, it was found that some 20 loans to the tune of ₹ 16.48 lacs were disbursed to some persons against FDRs though the FDRs were in the names of altogether different persons. It was also seen that the withdrawals which were allowed, were far in excess over the amounts in the FDRs. All those entries were in the hand-writing of the respondent.The High Court held that the documents produced were neither detailed nor their nature was explained. It further held that there was no discussion and much less any analysis of the evidence presented. The Court held that no specific finding has been recorded on the basis of the evidence to establish the guilt of the respondent. The absence of good reason was held to be in breach of the principles of natural justice. Therefore, the order was set aside. The High Court directed the appellant to reinstate the respondent though for the limited purpose of holding the inquiry afresh. HELD THAT:- There was a clear documentary evidence on record in the handwriting of the respondent which established his role in the withdrawal of huge amounts for fictitious persons. The ledger entries clearly showed that whereas the FDRs were in one name, the withdrawals were shown in the name of altogether different persons and they were far in excess over the amounts of FDRs. The respondent had no explanation and, therefore, it had to be held that the respondent had misappropriated the amount. Inspite of a well reasoned order by the Inquiry Officer, the High Court has interfered therein by calling the same as sketchy. The High Court has completely overlooked the role of the bank manager as expected by this Court in the aforesaid judgments. In these facts and circumstances, we allow this appeal and set aside the impugned judgment and order passed by the Division Bench of the Allahabad High Court. The petition filed by the respondent in the High Court will stand dismissed. Consequently, contempt proceedings initiated by him will also stand dismissed.
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