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2018 Supreme(Bom) 813

S.C.GUPTE
Laxman Balu Deualkar – Appellant
Versus
Chief Executive Officer, Kolhapur District Central Coop. Bank Ltd. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr.Prashant Chavan i/b. Ravindra R. Chile, Adv.
For the Respondent: Mr.T.S. Ingale with Nikhil Pawar, Adv.

JUDGMENT :

This petition challenges an order passed by the appellate authority under the Payment of Gratuity Act, 1972.

2. The Petitioner is an exemployee of the Respondent bank. The Petitioner was chargesheeted for misconduct alleging misappropriation of funds. It is the case of the Respondent that the Petitioner, whilst working as a manager in Sanjani Branch of the bank, fraudulently and by misuse of his office, opened a bogus saving account on 1 June 1995 in the name of a fictitious client and caused a sum of Rs.10,000/to be deposited in the account. He, thereafter, on 8 June 1995, fraudulently withdrew that amount by executing a bogus withdrawal slip in his own handwriting and by forging the signature of the accountholder. He also caused to be deposited a sum of Rs.13,000/in the same account on 21 June 1995 and withdrew the said sum on 27 June 1995 again by writing a bogus withdrawal slip and forging the signature of the account holder. On 21 June, 1995, the Petitioner caused one more bogus saving account in the name of B.A. Patil and deposited a sum of Rs.10,000/- in that account on 21 June 1995 and once again, withdrew the said sum from the account by executing a bogus withdraw












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