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2004 Supreme(SC) 188

V. N. KHARE, S. B. SINHA, S. H. KAPADIA
J & K BANK LTD. – Appellant
Versus
JAGDISH C. GUPTA – Respondent


ORDER

1. The respondent herein was an employee of the appellant Bank. In the year 1976 it appears that the respondent committed some alleged misconducts. For the abovesaid misconducts the appellant Bank by order dated 21-8-1978 stopped one increment of the respondent permanently. Again the second and the third misconducts committed by the respondent came into light. For the second misconduct the respondent was punished by withholding one increment for a period of six months. For the third f misconduct the appellant Bank punished the respondent by order dated 4-10-1983 reducing him to the minimum of the scale of his pay in which he was working before suspension and treated the period of suspension as punishment and whatever the respondent had drawn during the suspension period was treated as his pay for that period. The respondent was also attached to the Office of Deputy General Manager, Jammu and it was further directed by order dated 4-10-1983 that he should not be given independent charge for a period of the next two years. It is under such circumstances, the respondent herein filed a suit in the Court of Civil Judge, Jammu for declaration and consequential benefits being Suit N





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