1963 Jain, was a money tester in the cash department of the -- Agra Branch of the Imperial Bank of India. On State Bnk of December 20, 1952 it was detected that a packet India containing IO pieces of 100 rupee notes shroffed by v. another employee of the Bank and handed over by NanaJahand him to the respondent were missing. In connection with this the respondent and four other employees Das Gupta J. of the Bank were prosecuted, the trial in the Sessions Court ending with their acquittal-the respondent having been given the benefit of doubt. Thereafter on December IO, 1954 the Bank served on the respondent a charge-sheet alleging carelessness and dereliction of duty. An enquiry was held and the Enquiry Officer found the charge against the respondent established. On a consideration of the report of the Enquiry Officer the Bank decided to terminate his services with effect from May 16, 1955 by paying him three months pay and allowances. The respondent was given further hearing as regards the nature of the proposed punishment and thereafter his services were terminated as from the close of business on May 16, 1955. The validity of the enquiry proceedings was challenged by the respondent on the ground that he had not been given adequate facility for being represented by a Union official of his choice and ultimately after a decision of the Labour Appellate Tribunal that the employee had an unqualified option in regard to the selection of persons who would represent him at the departmental enquiry a fresh enquiry was held . after withdrawing the order of termination of his services. This fresh enquiry was held on the 21st and 22nd of November, 1956, On this occasion also the enquiry officer found the charges against the respondent proved. After consideration of the report and after giving the respondent an opportunity to show cause why the proposed punishment of termination of his services on payment of three months' salary in lieu of notice should not be imposed on him the Bank decided in November 1960 to terminate his services by giving him three months' salary in lieu of notice in terms of Para 521 (2) (c) of the Sastry Award.
