' The appeal captioned above arises from the decision, dated 6th February, 1983 recorded by the learned Presiding Officer, Punjab Labour Court No, 6, Rawalpindi, dismissing the grievance petition of the appellant for his re-instatement in service.
2. The allegations against the appellant were that he misappropriated the amounts deposited by the customers in the accounts. The appellant had issued receipt's for receiving the amounts. The appellant in reply to the charge-sheet admitted the allegations but pleaded that he did so with the knowledge and consent of the account-holders and at once deposited the amounts when they were demanded by the Bank. In reply Exh. P. 4 to the charge-sheet he also said that he was attaching copies of the letters of the account-holders who had given consent for use of their deposits. In the enquiry report there is no mention of the said letters, so it cannot be said if in reality they were sent alongwith the reply. He should have examined those customers. It, therefore, cannot be assumed that the letters referred to above were actually sent to him by the customers whose money he misappropriated. The repayment of money in bank would not mitigate the offence but would prove the retention of the money un-authorized. During enquiry too the appellant made admissions. Learned counsel for the appellant has not been able to point out any defect in the enquiry. So the misappropriation stood duly proved and the appellant was rightly punished.
3. As a result, the appeal is dismissed.