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2004 Supreme(SC) 850

S.N.VARIAVA, A.K.MATHUR, ARIJIT PASAYAT
Allahabad District Co-operative Bank LTD. , Allahabad – Appellant
Versus
Vidhya Varidh Mishra – Respondent


JUDGMENT

S.N. Variava, J.-Leave granted.

Heard parties.

2. This appeal is against the judgment of the Allahabad High Court dated 20th July 2001.

3. Briefly stated the facts are as follows.

The Respondent was working as a Clerk-cum-Cashier in the Appellant-Bank. In October 1978 he was suspended in connection with embezzelment of Rs. 15,000/-. A disciplinary inquiry was held against the Respondent. In the disciplinary inquiry, the Respondent was found to have had a hand in the embezzlement. The Inquiry Officer proposed punishment of termination of service and recovery of money.

4. It appears that the Administrative Committee of the Bank decided to take a lenient view and proposed to impose a punishment of withholding two annual increments and recording adverse entries in the character roll. When this proposal was sent to the Registrar, Co-operative Societies, the Registrar opined that the charges were serious and that they had been held proved in the disciplinary inquiry. It was opined that on these charges termination should take place. The Registrar did not, therefore, approve the minor punishment proposed to be imposed on the Respondent. The Bank thus decided to dismiss the Respondent.













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