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2009 Supreme(Kar) 496

V.GOPALA GOWDA, L.NARAYANA SWAMY
Sri N. B. Swami – Appellant
Versus
The Primary Co-operative Agriculture and Rural Development Bank Ltd. , Bangalore – Respondent


Advocates appeared:
Sri N.B. Swami, for Appellant appointed through High Court Legal Services' Committee;
Sri KA. Kalburgi, for Respondent-I; Respondents-2, 3 and 4 are served and un-represented.

JUDGMENT

V. Gopala Gowda, J: This writ appeal is directed against the order of the learned Single Judge dated 24.01.2008 passed in W.P.No. 135G9/ 2003. The facts of the case in the nutshell is that the appellant was working as In-charge Accountant in the 4th respondent-Bank at Gulbargo. from the month of February' 2000 to May 2001; that a show-cause notice was issued to him on 30.05.2001 alleging certain misconduct (misappropriation of funds), for which he submitted his reply on 11.06.2001 denying the charges levelled against him and thereafter, disciplinary enquiry proceedings were initiated and based on the report of the enquiry officer, the Disciplinary Authority passed an order on 29.10.2002 imposing major penalty of compulsory retirement of appellant from the service. Challenging the said order, the appellant preferred W. P. No. 13559/2003 and the learned Single Judge of this Court dismissed the writ petition holding that the charges are grave in nature, involving financial misappropriation in violation of the regulations and guidelines and that the penalty imposed on the appellant is in accordance with law. Being aggrieved by the order passed by the learned Single Judge, the a


































































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