TMI Blog2011 (3) TMI 1839X X X X Extracts X X X X X X X X Extracts X X X X ..... ying in in-operative account to an unidentified person posing himself as the said account holder though the person was not having even Pass Book of that account. This disclosure of secrecy led a fraudulent withdrawal of Rs. 6,000/- from the said account thereby putting the bank into loss. (ii) On 14.10.1987, you have advised Shri I.M. Rawal, the counter clerk handling Savings Banks ledgers to transfer the balance lying in account number 1025 in the name of Shri Dharam Chand Nathaji from in-operative Savings Bank ledger to that of operative ledgers without first obtaining the permission of the Branch Manager which is a pre-requirement in all such cases. It is further alleged that you have collected the withdrawal form purported to have been ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e matter rested there for several years. 3. In the meanwhile, on the basis of a complaint by the Branch Manager, a charge-sheet was filed before the Chief Judicial Magistrate, Sirohi, in regard to the allegations which were the subject matter of the departmental enquiry. The criminal court acquitted the Respondent by judgment dated 7.7.1994, holding that charges were not proved beyond were not proved beyond doubt. Thereafter, he filed a writ petition (WP No. 5761/1994) challenging his dismissal, on the ground that he was acquitted in the criminal case. The said writ petition was disposed of by a brief order dated 26.5.1997 observing that he may avail the remedy of appeal and the appellate authority may consider the explanation for delay in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... such person was impersonating the account holder. The High Court was of the view that in such circumstances, the question of loss of confidence would not arise and the punishment of dismissal was grossly disproportionate to the misconduct. Therefore, it set aside the order of dismissal and directed reinstatement with full back wages and consequential benefits. The said order is challenged in this appeal by special leave. 6. It is now well settled that the courts will not act as an appellate court and reassess the evidence led in the domestic enquiry, nor interfere on the ground that another view is possible on the material on record. If the enquiry has been fairly and properly held and the findings are based on evidence, the question of ade ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... gory (contrary to instructions regulating dormant accounts) without any kind of verification, and accepts the money withdrawal form from such person, gets a token and collects the amount on behalf of such person for the purpose of handing it over to such person, he in effect enables such unknown person to withdraw the amount contrary to the banking procedures; and ultimately, if it transpires that the person who claimed to be account holder was an imposter, the bank can not be found fault with if it says that it has lost confidence in the employee concerned. A Bank is justified in contending that not only employees who are dishonest, but those who are guilty of gross negligence, are not fit to continue in its service. 8. Several witnesses w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g benefit of doubt in the criminal proceedings. This is more so when the departmental proceedings are more proximate to the incident, in point of time, when compared to the criminal proceedings. The findings by the criminal court will have no effect on previously concluded domestic enquiry. An employee who allows the findings in the enquiry and the punishment by the disciplinary authority to attain finality by non-challenge, cannot after several years, challenge the decision on the ground that subsequently, the criminal court has acquitted him. 10. We are, therefore, of the view that the High Court was not justified in quashing the punishment and directing reinstatement with back wages and consequential benefits. In fact, the order of the H ..... X X X X Extracts X X X X X X X X Extracts X X X X
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