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2016 Supreme(Bom) 1109

B.R.GAVAI, V.M.DESHPANDE
Vijay Kewalramji Randive – Appellant
Versus
Chairman & Competent Authority Vidharbha Kokan Gramin Bank – Respondent


Advocates Appeared:
For the Petitioner:Mr. Anand Parchure, Advocate.
For the Respondents:Mr. A.T. Purohit, Advocate.

JUDGMENT :

B.R. Gavai, J.

1. Rule. Rule made returnable forthwith. Heard finally by consent of learned counsel appearing for the parties.

2. The petitioner has approached this Court being aggrieved by the charge-sheet dated 21.04.2016 thereby informing the petitioner about the charges levelled against him.

3. The facts are not in dispute. The petitioner was in employment of the respondents. The petitioner was issued with a show cause notice on 8.3.2016. The petitioner replied to the same on 22.3.2016. However, a communication was addressed to the petitioner on 31.03.2016 informing him that since he would stand retired on 31.03.2016, the provisions of sub-clauses (3) and (4) of Clause 45 of Vidarbha Konkan Gramin Bank (Officers and Employees) Service Regulations, 2013 (hereinafter referred to as the "said Regulations") are invoked against him. Subsequently a charge-sheet came to be issued to the petitioner on 21.04.2016. It could thus be clearly seen that though the show cause was issued to the petitioner prior to the date on which he was superannuated i.e. on 31.03.2016, a charge-sheet was issued to him only on 21.04.2016.

4. Mr. Anand Parchure, learned counsel appearing on behalf of th




























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