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2012 Supreme(Bom) 779

B.P.DHARMADHIKARI, PRASANNA B.VARALE
Adinath s/o Narayanrao Jadhav – Appellant
Versus
Chief General Manager – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:S.A. Kalbande, Advocate.
For the Respondents:R.M. Bhangde, Advocate.

Judgment :

B.P. Dharmadhikari, J.

1. By this petition filed under Article 226 of the Constitution of India, the petitioner has questioned the order of punishment dated 13.09.1993 inflicting upon him the penalty of removal from services after departmental inquiry, and the Appellate order dated 04.05.1994 passed by the Deputy Managing Director (Personnel), as Appellate Authority, maintaining it. The petitioner was an officer working in MMGSII (i.e. Middle Management Grade ScaleII) with the respondent State Bank of India, which is one of the Scheduled Bank. Nature of his work shows that he was holding post of confidence.

2. Service of charge-sheet and conduct of departmental inquiry, or then order passed by the Disciplinary Authority and Appellate Authority are not in dispute. Shri Kalbande, learned Counsel appearing for the petitioner has assailed the punishment of removal from service on the ground that vital documents demanded by the petitioner during the pendency of the departmental enquiry were not served/supplied to him, the findings recorded by the enquiry officer are perverse and though the enquiry officer did not find that all charges were established, the disciplinary authori































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