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1997 Supreme(Kar) 458

H.RANGAVITTALACHAR, S.RAJENDRA BABU
STATE BANK OF MYSORE, BANGALORE – Appellant
Versus
SAROJA SHIVAKUMAR – Respondent


Advocates:
C.B.SRINIVASAN, P.S.RAJGOPAL

S. RAJENDRA BABU, J.

( 1 ) THIS appeal arises from the order made by the learned Single judge in Writ Petition No. 16598 of 1994. One Shivakumar was working in the establishment of the appellant. Disciplinary action was initiated against him by an order, made on 6-8-1992 and various charges were added to it or amended by letters dated 10-3-1993 and 28-10-1993. It is the contention of the appellant that the said Shivakumar had admitted by a letter written by him that he was forced to utilise the funds of the bank to meet his medical expenses. When the inquiry was still pending, the said Shivakumar expired on 26-11-1993 as a result of cancer the disease he was suffering from. It was stated that the said Shivakumar had misappropriated a sum of Rs. 59,000/-; that he was due to the appellant-Bank towards house building loan to an extent of Rs. 1,54,000/- and a consumer loan of rs. 7,400/- and Rs. 14,200/- towards the vehicle loan. The respondent claimed for payment of amounts due towards provident Fund and Gratuity and she also sought for appointment for her son on compassionate grounds. The appellant withheld the payment of the said amounts and also declined to pass any order on the ap










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