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2021 Supreme(Kar) 82

M.NAGAPRASANNA
A. K. Siddalingappa S/o Anjanappa – Appellant
Versus
Syndicate Bank, Rep. by its Managing Director/Executive Director – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Sri. Kiran V. Ron, Sri. C.M. Poonacha.
For the Respondents: Sri. Syed Kasif Ali, Sri. Sundaraswamy Ramadas.

ORDER :

1. My eye is my ear; my hand is my mouth, laments the petitioner, having disability of hearing to the tune of 98% challenging the action of the Bank in imposing a penalty without affording a reasonable opportunity of defence.

2. Brief facts of the case leading to the filing of the petition as borne out from the pleadings are that:

    The petitioner joined the services of the respondent-Syndicate Bank (hereinafter referred to as ‘the Bank’ for short), a ‘State’ under Article 12 of the Constitution of India, as a Clerk on 25.10.1976. At the relevant point in time, the petitioner was working as Manager, a cadre in Middle Management Grade Scale II.

3. When the petitioner was functioning as a Manager In-charge of Stationery Pool of the Bank, having taken charge of the post on 22.12.2010. The petitioner sought approval of the competent Authority on 01.03.2011, for issuing a notice calling for bids from eligible agencies. Four of the agencies had applied pursuant to the bid notice. On 10.03.2011, the petitioner awarded contract in favour of the lowest bidder-L1 along with a detailed office note as to how the said bid was executed.

4. After about a year, a show cause notice was issued to t

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