Abhay Shreeniwas Oka JUDGMENT
Ajay Rastogi, J.
1. Leave granted.
2. The instant appeal is directed against the judgment and order dated 21st January, 2021 passed by the Division Bench of the High Court of Allahabad affirming the order of the learned Single Judge dated 19th October, 2019 pursuant to which the inquiry proceedings and consequential punishment inflicted upon the Respondent delinquent were quashed and set aside.
3. The Respondent delinquent was serving as an Assistant Manager, Sewla Branch on 10th/11th November, 1999 when the incident of theft was reported. The Respondent delinquent being one of the joint custodian of cash was responsible for safety of keys of cash/strong room and failed to take all precautionary steps as being indicated in the guidelines of the Bank and because of the alleged negligence on the part of the Respondent delinquent in handling the keys in inappropriate manner resulted into theft/loss of cash from the cash safe. For such delinquency committed by him in discharge of his official duties, he was placed under suspension in exercise of power conferred under Regulation 12 of the UCO Bank Officers Employees (Discipline & Appeal) Regulations 1976 (hereinafter being referred to as the "Regulations 1976") by an Order dated 29th November, 1999.
4. Later, chargesheet dated 7th December, 1999 along with four Article of charges was served and by a corrigendum dated 13th March, 2000, additional charge No. 5 was served upon him. It may be appropriate to quote the extract of articles of charges, dated 7th December, 1999 along with additional charge No. 5 by a corrigendum dated 13th March, 2000 as under:
1. Being one of the joint custodians of cash, Mr. K.K. Bhardwaj was responsible for safety of keys of cash/strong room, he did not keep the eyes in his person as per guidelines of the Bank, instead left the keys in the branch premises over-night in an almirah in contravention to the guidelines for safety of keys of cash safe/strong room. He was most negligent and his handling the keys in a perfunctionary manner resulted into theft/loss of cash of Rs. 12.00 lacs from the cash safe.
2. Mr. K.K. Bhardwaj, being one of the joint custodians of cash, did not arrange to remit the surplus cash on 10.11.1999 to Currency Chest, Belanganj Branch, Agra even though there was huge cash balance much more than the average, anticipated daily requirement. Thus, he did not take all possible steps to ensure and protect the interest of the Bank and did not discharge his duties with utmost devotion and diligence which is violative of Regulation 3(1) of UCO Bank Officer Employees (Conduct) Regulations, 1976 as amended.
3. Before leaving the branch on 10.11.1999 after close of cash, Mr. K.K. Bhardwaj did not check about the closure of one rear gate between the main hall and passage towards toilet of Sewla Branch, Agra which was left unlocked/opened on 10.11.99. Thus, he did not take all possible steps to ensure and protect the interest of the Bank and failed to discharge his duties with utmost devotion and diligence which is violative of Regulation 3(1) of UCO Bank Officers Employees (Conduct) Regulations, 1976 as amended.
4. Mr. Bhardwaj did not maintain the key registe........