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2022 Supreme(SC) 374

INDIRA BANERJEE, V. RAMASUBRAMANIAN
Allahabad Bank – Appellant
Versus
Avtar Bhushan Bhartiya – Respondent


Advocates appeared:
For the Petitioner(s): Mr. Rajesh Kumar Gautam, AOR Mr. Anant Gautam, Adv. Mr. Nipun Sharma, Adv. Mr. Sachin Singh, Adv. Mr. Rahul Shyam Bhandari, AOR G. Priyadharshni, Adv. Mr. Konark Tyagi, Adv.
For the Respondent(s): Mr. Rahul Shyam Bhandari, AOR G. Priyadharshni, Adv. Mr. Konark Tyagi, Adv. Mr. Rajesh Kumar Gautam, AOR Mr. Anant Gautam, Adv. Mr. Nipun Sharma, Adv. Mr. Sachin Singh, Adv.

ORDER :

1. Aggrieved by an order of reinstatement with 50% back-wages, but all other consequential benefits in full, passed by the High Court of Judicature at Allahabad, the Management of the Allahabad Bank has come up with one Special Leave Petition and the delinquent Officer has come up with the other Special Leave Petition.

2. We have heard the learned Counsel for the parties.

3. Since one of these Special Leave Petitions is by the Management of the Bank and other SLP is by the delinquent Officer, we shall refer to the parties as "the Bank" and "the Officer-employee".

4. The Officer-employee was first appointed as a Clerk way back in the year 1974. He was promoted to the post of Junior Manager Grade-II in 1982 and to the post of Manager in 1987. In July, 1988 he was issued with a charge memorandum, comprising of 3 articles of charges. A departmental enquiry followed and the Enquiry Officer held the charges proved. After finding that the Report of the Enquiry Officer was not very happily drafted, the disciplinary authority analysed the evidence on record independently and passed an order of penalty of dismissal from service on 31.03.1989.

5. The Officer-employee filed a departmental a


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