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2015 Supreme(SC) 613

DIPAK MISRA, PRAFULLA C.PANT
Punjab & Sind Bank – Appellant
Versus
Daljinder Singh – Respondent


JUDGMENT

1. This appeal is directed against judgment and order dated 10.03.2005, passed by the High Court of Punjab & Haryana, in Regular Second Appeal No. 713 of 2005 whereby the High Court declined to interfere with the order passed by the Additional District Judge, Fast Track Court, Gurdaspur, and upheld the decree passed by first appellate court. We have heard Learned Counsel for the parties, and perused the record.

2. Brief facts of the case are that the Respondent (plaintiff) was a ministerial employee of Appellant-Bank. He was dismissed from service vide order dated 5.9.1997, passed by the Bank. Consequently he filed a suit for declaration challenging the legality and validity of dismissal order dated 5.9.1997 passed by the Zonal Manager (Disciplinary Authority) whereby he was dismissed from service. The charge levelled against the Respondent was that while being posted as clerk, he let advanced a sum of Rs. 4500/- as loan on 10.1.1989 to one Surti son of Gura for purchase of buffaloes at Branch Office Dhariwal. It so turned out that the party to whom the loan was advanced had expired on 13.11.1980, i.e., much prior to sanction and disbursement of the loan. Thus, it was allege





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