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2023 Supreme(SC) 1110

J. K. MAHESHWARI, K. V. VISWANATHAN
Jyotirmay Ray – Appellant
Versus
Field General Manager, Punjab National Bank – Respondent


Advocates appeared:
For the Appellant(s) : Mr. Irshad Ahmad, AOR
For the Respondent(s): Mr. Rajesh Kumar Gautam, AOR Mr. Anant Gautam, Adv. Mr. Samir Mudgil, Adv. Mr. Sumit Sharma, Adv. Ms. Anani Achumi, Adv. Mr. Dinesh Sharma, Adv. Ms. Shivani Sagar, Adv.

JUDGMENT :

J.K. MAHESHWARI, J.

1. Appellant, who was compulsorily retired as Sr. Manager, was denied the benefit of leave encashment, employer’s contribution of provident fund, gratuity and pension by the Punjab National Bank (hereinafter referred to as the “Bank”). On rejection of his representation by the authorities, a challenge was made by filing a writ petition before the High Court. The said writ petition was contested by the Bank, taking the plea that due to irregularities in granting loans and cash credit facilities under the Credit Guarantee Fund Trust Scheme for Micro and Small Enterprises (for short “CGTMSE”) and otherwise in routine loans, loss was caused to the Bank.

2. The background facts were that earlier, the appellant was charge-sheeted on 16.10.2009 and also served with a supplementary charge-sheet on 20.11.2009. On submitting of reply by the appellant, departmental enquiry was conducted and the enquiry report dated 11.01.2010 was submitted to the disciplinary authority who found him guilty and vide order dated 29.01.2010, penalty of compulsory retirement was inflicted. The appeal filed by the appellant was also dismissed by appellate authority on 28.07.2010.

3. The


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