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2006 Supreme(SC) 820

P.K.BALASUBRAMANYAN, H.K.SEMA
General Manager, Appellate Authority, Bank Of India – Appellant
Versus
Nizamuddin – Respondent


JUDGMENT

Sema, J.—Heard the parties.

2. This appeal is preferred by the General Manager, Appellate Authority, Bank of India.

3. The challenge in this appeal is to the order dated 14.8.2003 passed by the Division Bench of the Andhra Pradesh High Court affirming the order of the Single Judge passed on 2.5.2003.

4. Briefly stated the facts leading to the filing of the present appeal are as follows.

5. The respondent joined the appellant-Bank as a Probationary Officer in 1972. He was thereafter promoted as Middle Management Officer-Grade II in 1981. The respondent unauthorisedly absented himself from duty with effect from 1.2.1994 onwards. By a letter dated 7.2.1994, he was asked to report for duty immediately. On 7.2.1994 the respondent applied for extraordinary leave from 1st February, 1994 to 31st March, 1994. He did not report for duty on 1.4.1994. On 10.5.1994 the Bank requested the respondent to immediately report for duty. On 19.5.1994 the respondent instead of reporting for duty or replying the letter dated 10.5.1994 continued his unauthorised absence and opted for voluntarily retiring from the services of the appellant-Bank. In response to the request of the respondent the appellan













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