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3.3 The petitioner says and submits that, it was also alleged that, it was duty of the petitioner that the petitioner has to go to main branch of the bank to delivered the out ward clearing cheques in the morning and returned to the bank and thereafter again the petitioner has to go to main branch to received the inward clearing cheques. It is stated that, when the said returned cheques which was given by the petitioner to the bank was sorted out by Mr. Vinaybhai, the concerned clerk at that time the petitioner has called the Vinubhai and to go to attend a person who was waiting for Vinubhai in the bank premises and therefore the Vinubhai was went to attend the said person and in the mean time the petitioner has steal away the forged cheque of Rs. 1,00,000/- from the bank and destroyed the said cheque.......... 3.4 The petitioner says and submits that, after receiving the aforesaid charge sheet the petitioner has given detail reply dated: 04/10/1999 and narrated each and every fact and denied the allegations leveled against the petitioner. It is contented in the reply that the department has wrongly given the charge sheet to the petitioner and dragged the petitioner in wrong charges though the petitioner has done nothing as per the chargesheet. It is stated that, the cheque in question was never stolen by the petitioner and has not committed any fraud with the bank.

3.3 The respondent bank has opposed the petition. The affidavit dated 11.7.2015 is filed by Regional Manager of the respondent bank wherein it is averred and stated that:-

4. I say and submit that the petitioner was serving as a peon at the relevant time at college road Branch, Junagadh of the present respondent. One customer Mr. Dhirajlal Madanlal Khachhadia had closed his current account and surrendered unsigned cheques bearing No. 78720 to 78750 and the said cheques were handed over to the petitioner for destroying the same. The petitioner stole one cheque No. 78725 in conspirancy with one Mr. Abdul Gani who had his account with Union Bank of India, Junagadh. The said cheque was fraudulently drawn for Rs. 1,00,000/- in favour of Mr. Abdul Gani and the same was deposited on 14/09/1990. While the said amount was later withdrawn on 17.04.1990 from the aforesaid account of Mr. Gani with Union Bank of India. The duty of petitioner was to go to main branch of Bank of Baroda to deliver outward clearing cheques in the morning and to come back and to again go to the main branch to receive inward clearing cheques where Mr. Page 3 C/SCA/2341/2015 JUDGMENT Vinaybhai, Clerk was handing the work of sorting out of cheques. On the relevant day i.e. 16.04.1990 the petitioner went to the main branch to give outward cheques but he did not return to branch for the whole day and sat there. At the relevant time he told the concerned clerk that some one had come to meet the clerk downstairs and when the concerned clerk went down, the petitioner stole that cheque No. 78725 and destroyed it. As a matter of fact, no one had come to meet the concerned clerk. When the said facts of misappropriation, forgery etc. came to light and preliminary enquiry as well as police complaint was filed, the petitioner proceeded on leave on 30.04.1990 and further on 10.05.1990 sent a telegram to extend his leave for 30 days without giving any reason whatsoever. He was instructed to resume duties but he also did not comply with the same. He was absconding and was finally arrested by the police authorities on 22.05.1990. Due to on going police enquiries and criminal case the chargesheet was issued by the bank subsequently on 27.02.1999. The petitioner replied to the said charge sheet and thereafter departmental inquiry was initiated.

4. From the material on record it has emerged that in respect of the charge and allegations that the present petitioner indulged in misappropriation of amounts and that he had fraudulently withdrawn amounts from the account of bank's customer, a chargesheet was issued against the Page 4 C/SCA/2341/2015 JUDGMENT petitioner. It was alleged inter alia that:-

4.........One customer Mr. Dhirajlal Madanlal Khachhadia had closed his current account and surrendered unsigned cheques bearing No. 78720 to 78750 and the said cheques were handed over to the petitioner for destroying the same. The petitioner stole one cheque No. 78725 in conspirancy with one Mr. Abdul Gani who had his account with Union Bank of India, Junagadh. The said cheque was fraudulently drawn for Rs. 1,00,000/- in favour of Mr. Abdul Gani and the same was deposited on 14/09/1990. While the said amount was later withdrawn on 17.04.1990 from the aforesaid account of Mr. Gani with Union Bank of India. The duty of petitioner was to go to main branch of Bank of Baroda to deliver outward clearing cheques in the morning and to come back and to again go to the main branch to receive inward clearing cheques where Mr. Vinaybhai, Clerk was handing the work of sorting out of cheques. On the relevant day i.e. 16.04.1990 the petitioner went to the main branch to give outward cheques but he did not return to branch for the whole day and sat there. At the relevant time he told the concerned clerk that some one had come to meet the clerk downstairs and when the concerned clerk went down, the petitioner stole that cheque No. 78725 and destroyed it. As a matter of fact, no one had come to meet the concerned clerk. When the said facts of misappropriation, forgery etc. came to light and preliminary enquiry as well as police complaint was filed, the petitioner proceeded on leave on 30.04.1990 and further on 10.05.1990 sent a telegram to extend his leave for 30 days without giving any reason whatsoever. He was instructed to resume duties but he also did not comply with the same. He was absconding and was finally arrested by the police authorities on 22.05.1990. Due to on going police enquiries and criminal case the chargesheet was issued by the bank subsequently on 27.02.1999. The petitioner replied to the said charge sheet and thereafter departmental inquiry was initiated.