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J U D G M E N T ARIJIT PASAYAT J.

Order of dismissal from service having been restored by Division Bench of Delhi High Court setting aside judgment of the learned Single Judge, this appeal has been filed.

Factual background filtering out unnecessary details is as follows:

Appellant (hereinafter referred to as 'the employee') joined services of The Lakshmi Commercial Bank in 1976 as a Clerk. The said bank was merged with Canara Bank (hereinafter referred to as 'the employer') in October, 1985. As a consequence, services of the employee stood transferred to the employer-Bank. He was posted as a Clerk in Deen Dayal Upadhyay Marg, New Delhi Branch and was deputed to work at AIWC extension of the said branch.
CHARGE:
You have been working at Canara Bank, DDU Marg, New Delhi Branch since 7.3.1986. One Shri S.V. Deshpande, Advocate, Supreme Court of India is maintaining his SB a/c No.4272 with AIWC Extn. counter of DDU Marg, New Delhi Branch. On 23.12.1991 a cheque book authorized to be issued in S.B. a/c no.4272 to one Sri Mohinder kumar on the strength of a purported letter in violation of the laid down procedure of the bank. Thereafter, a total of Rs.1,07,000/- was withdrawn from his account by utilizing 5 cheques out of the above said cheque book, details which are given below: Date Cheque No. Amount 26.12.91 460827 Rs.15,000/-
By your above said fraudulent acts you have caused damage to the property of the bank thereby committed a gross misconduct within the meaning of Chapter-XI, Regulation 3 Clause (j) of Canara Bank Service Code. Your above said acts are also prejudicial to the interests of the bank thereby you have committed a gross misconduct within the meaning of Chapter-XI, Regulation 3 Clause (j) of Canara Bank Service Code. Your above said acts are also prejudicial to the interests of the bank thereby you have committed a gross misconduct within the meaning of the Chapter-XI, Regulation 3 Clause (m) of Canara Bank Service Code".