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2021 Supreme(SC) 550

AJAY RASTOGI, ABHAY S.OKA
Standard Chartered Bank – Appellant
Versus
R. C. Srivastava – Respondent


Advocates appeared:
For the Petitioner(s): Mr. Ateev Mathur, Adv. Mr. Sanjay Gupta, Adv. Mr. Amol Sharma, Adv. Mr. Gagan Gupta, AOR
For the Respondent(s): Mr. Akil Rataeeya, Adv. Mr. Munawwar Naseem, AOR Ms. Sanjna Dua, Adv. Mr. Ramit Sehrawat, Adv.

JUDGMENT :

AJAY RASTOGI, J.

1. Leave granted.

2. The instant appeal is directed against the judgment and order dated 21st November, 2014 passed by the High Court of Judicature at Allahabad upholding the reinstatement with full back wages awarded by the Tribunal dated 14th September, 2006.

3. The facts in brief which are relevant for the purpose are that the respondent-workman was an employee of the appellant-Bank and for the alleged delinquency which he had committed on 12th January, 1988 in discharge of his duties, a charge-sheet dated 27th January, 1988 was served upon the respondent-workman with the allegation of drunkenness within the premises of the appellant-Bank and for manhandling and assaulting the senior officers and also hurling abuses at the management. The relevant portion of the charge-sheet dated 27th January, 1988 reads as under:

    “You are aware that the hearing in the Court Case No. 5887/1983 was fixed for 13.1.1988 in which you are also a party. On 12.1.1988 during office hours Mr. Bachchoo Lal Mishra and Mr. P.K. Seth, officer of the bank tomorrow there is a court case so do not mark me late as I will go the court direct from my house. Mr. Seth told you and Mr. Mishra

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