Hon'ble Judges/Coram:
M.R. Shah and B.V. Nagarathna

JUDGMENT

M.R. Shah, J.

1. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 16.03.2021 passed by the High Court of Karnataka at Bengaluru in Writ Appeal No. 4220 of 2011 by which the High Court has dismissed the said Writ Appeal No. 4220 of 2011 preferred by the Appellant - employer - SBI and has confirmed the judgment and order passed by the learned Single Judge setting aside the order of dismissal passed by the Disciplinary Authority and directing the Bank to pay to the delinquent officer consequential benefits without back wages, the Appellant - SBI - employer has preferred the present appeal.

2. The facts leading to the present appeal in nutshell are as under:

That the Respondent herein - the delinquent officer was working as a Deputy Manager (Cash) at SSI Peenya II Stage Branch of the SBI Bank at Bangalore from 14.03.1996 onwards. That there was a requirement of Rs. 10 lakhs which was required to be collected from Peenya Industrial Estate Branch of the Bank. That on the basis of one forged letter dated 06.08.1996, the delinquent officer withdrew Rs. 10 lakhs fraudulently. The delinquent officer produced a false letter dated 06.08.1996 at Peenya Industrial Estate Branch and withdrew the aforesaid amount of Rs. 10 lakhs which remained unaccounted at the SSI Branch. The letter dated 06.08.1996 was purported to have been signed by one A.R. Balasubramanian, the AGM of the SSI Branch. He denied his signature found on the letter dated 06.08.1996. Subsequently on tallying the account it was found that Rs. 10 lakhs was withdrawn from Peenya Industrial Estate Branch which was to be deposited at SSI Branch had not been accounted for and the said amount had not been deposited with the SSI Branch. Thereafter the local Head Officer submitted a complaint to the CBI on 10.11.1998, based on which the FIR was registered. The aforesaid FIR was registered after the preliminary investigation was held on 18.09.1998. It was found that the fraud has been committed by the insider, who was well aware of the procedure for cash remittance as well as with the signature of the Branch Manager of SSI Branch. The Respondent - delinquent officer was placed under suspension. Thereafter a departmental enquiry was initiated against the delinquent officer and he was charged with the charge-sheet as under:

(i) On 6th August, 1996, you got prepared a set of fraudulent cash remittance documented and by producing the same at Peenya Industrial Estate Bra........