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2019 Supreme(Kar) 2054

RAVI MALIMATH, ASHOK S.KINAGI
G. R. Himantharaj – Appellant
Versus
Shiva Sahakari Bank Niyamitha – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Sri. V.S. Naik.
For the Respondents: Sri. S.B. Mukkannappa, Sri. Kiran Kumar.

JUDGMENT :

1. This appeal has been filed by the second respondent in the writ petition challenging the order passed by the learned Single Judge in W.P.No.1843 of 2009 dated 2.2.2012 quashing the award dated 12.4.2007 passed by the Joint Registrar of Co-operative Societies in regard to 75% of the back wages.

2. Parties are referred to as per their rankings in the writ petition.

3. Brief facts of the case are:

    The second respondent-employee was appointed as a clerk in the petitioner-Bank and he was promoted as a Senior Clerk. For the misconduct of false debit and credit slips during the period 1990 to 1991 and resultant loss of Rs.3,27,367.28, he was kept under suspension on 9.11.1991 and articles of charges were issued. Since the explanation offered by the second respondent was not satisfactory, enquiry proceedings were initiated. The enquiry officer submitted a report stating that the charges leveled against the second respondent and three others as proved. The disciplinary authority by accepting the enquiry report passed an order of dismissal on 6.1.1993. Aggrieved by the order of dismissal, the second respondent raised a dispute before the Joint Registrar of Co-operative Societies un

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