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2023 Supreme(Kar) 763

ALOK ARADHE, S. VISHWAJITH SHETTY
Canara Bank – Appellant
Versus
Appellate Authority Under – Respondent


Advocates appeared:
Poojappa J., Advocate, Anandarama K., Advocate, T.P. Muthanna, Advocate

JUDGMENT/ORDER

ALOK ARADHE, J. - This intra Court appeal has been filed against an order dtd. 3/8/2021 passed by the learned Single Judge by which the writ petition preferred by the appellant assailing the orders dtd. 10/2/2012 and 11/3/2013 passed by the Controlling Authority as well as the Appellate Authority under the provisions of Payment of Gratuity Act, 1972 (hereinafter referred to as 'the Act') has been dismissed.

2. Facts giving rise to filing of this appeal in a nut shell are that respondent No.3 (hereinafter referred to as 'the employee'), at the relevant time, was posted as Manager in Shanthinagar Branch, Bangalore by the appellant - Bank. During the period between 22/3/2001 to 23/8/2004, the employee was alleged to have committed misconduct in respect of certain accounts, flouting the norms and procedures of the appellant - Bank. The employee was subjected to disciplinary proceeding under the Canara Bank Officer Employees' (Discipline and Appeal) Regulations, 1976. A charge sheet was served to the employee and an enquiry was conducted against him. The Disciplinary Authority, by an order dtd. 31/1/2009, imposed the penalty of removal from service. The employee thereafter

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