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2014 Supreme(SC) 510

SUDHANSU JYOTI MUKHOPADHAYA, V.GOPALA GOWDA
Chhel Singh – Appellant
Versus
M. G. B. Gramin Bank Pali – Respondent


JUDGMENT

Sudhansu Jyoti Mukhopadhaya, J.

1. Leave granted.

2. This appeal is directed against the judgment and order dated 10th May, 2012 passed by the Division Bench of the High Court of Judicature for Rajasthan at Jodhpur whereby the Division Bench allowed the appeal preferred by the respondent-M.G.B. Gramin Bank, Pali (hereinafter referred to as the "Bank") and set aside the order passed by the learned Single Judge.

3. The factual matrix of the case is as follows: The appellant was working with the respondent-Bank since 17th February, 1984 as Clerk-cum-Cashier. While in service he remained absent from duty from 11th December, 1989 to 24th October, 1990 (approximately 10 and 1/2 months) without obtaining prior permission of the competent authority. For the said reason he was served with a memorandum on 5th October, 1991 alleging contravention of the provisions of the Marwar Gramin Bank (Staff) Service Regulations, 1980, for the following charges: He remained absent from duty from 11th December, 1989 to 24th October, 1990 without obtaining prior permission from the competent authority; He failed to comply with the orders and directions given to him which were the letters issued asking




























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