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8. Heard learned counsel for the parties and perused the record.

9. Record indicates that the petitioner was cashier at the relevant time. The petitioner was the custodian of the keys to operate the cash in the bank. Charge sheet was issued to the petitioner on 28.9.2004 levelling the following charges :-

"Mr. D.G, Ramteke Head Cashier E (U/S), B/O Linga was is-sued with Bank's Memo RO PRS/2004-05:72 Dt. 03-05-2004. The reply of Shri D.G. Ramteke Dt. 14-06- 2004 in response to above memo has not been found satisfactory by the management of the bank which has been informed to Mr. Ramteke vide Memo RO:PRS:DAD:04- 05:181 Dt. 24-06-2004 wherein it has been mentioned that the management may proceed further and initiate the Departmental action at the appropriate time. It has therefore been decided to hold a Departmental Enquiry against Mr. Ramteke Head Cashier E (U/S) for his act of gross misconduct while he was working as Head Cashier E at Linga Branch on 29-4-2004.

NEUTRAL CITATION NO. 2025:MPHC-JBP:25635 8 WP-5273-2006 On 29-04-2004 the Branch Cash was opened with previous day's closing balance of Rs. 52,847.36 .The case receipts on 29-04- 04 was Rs.5,83,396/- including inward Case remittance of Rs. 4,00,000/- from Branch Office, Chhindwara. The cash payments on 29-4-2004 were Rs. 2,03,540/-. Thus the cash was to be closed with cash on hand Balance of Rs. 4,32,703.36 At about 3.30 pm it was informed by Mr. Ramteke to the Branch Manager that there was a cash shortage of Rs. 2,00,000/- Finally cash was closed with Rs.2,32,703.36 by debiting CD Nominal A/c with Rs. 2,.00,000/-.

Due to negligence of Mr. Ramteke while handling the Cash Department on 29- 04-2004, by keeping his set of cash keys in an open drawer, caused a loss of Rs. 2,00,000/- to the Bank. Thus Mr. Ramteke is charged with gross misconduct under para 5

(j) of Memorandum of Settlement on Disciplinary Action Procedure for workmen Dated 10-04-2002."