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2022 Supreme(Bom) 1626

DIPANKAR DATTA, VIBHA KANKANWADI
Kishanrao Vithalrao Bagale – Appellant
Versus
Union of India – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: G.R. Syed.
For the Respondents: R.B. Bhosale, P.N. Kalani.

JUDGMENT :

DIPANKAR DATTA, J.

1. The petitioner is a ‘dismissed’ officer employee of the Bank of Baroda. He has invoked the writ jurisdiction of this Court on 2nd March, 2021 seeking a direction on the bank to release admissible gratuity in his favour.

2. Disciplinary proceedings were initiated against the petitioner under Regulation 6 of Bank of Baroda Officer Employees’ (Discipline and Appeal) Regulations, 1976 (hereinafter “the 1976 Regulations” for short) for alleged acts of omission and commission while he was discharging duty as Manager, Amalner branch, Nagpur region, resulting in financial loss to the bank. In a duly convened enquiry, the petitioner was found guilty of all the charges and was ultimately dismissed from service by an order of the disciplinary authority dated 17th January, 2011. The order of the disciplinary authority clearly records that because of reckless lending by the petitioner, the bank was likely to suffer financial loss to the tune of Rs. 166 lakh. The order was carried in appeal by the petitioner. The appellate authority, however, did not find any reason to disagree with the order of the disciplinary authority and, therefore, proceeded to dismiss the app

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