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1998 Supreme(Guj) 195

R.A.MEHTA
ABDULKARIM GULAMNABI MANSURI – Appellant
Versus
JANATA COMMERCIAL CO OPERATIVE BANK LIMITED – Respondent


Advocates Appeared: AMIT PANCHAL, K.M.PATEL, M.C.BHATT

R. A. MEHTA, J.

( 1 ) THE petitioner was appointed as the Manager of the first respondent-Co-operative Bank, in the year 1982. The second respondent is the chairman of the first respondent Bank.

( 2 ) ACCORDING to the petitioner, on or about 1st October 1989, the second respondent became the Chairman of the respondent Bank and he was having the liability of Rs. 4 lakhs towards the respondent Bank. According to the petitioner, the petitioner was discharging his duties sincerely and honestly and he was pursuing the respondent No. 2 for recovering all the dues of the Bank. This approach of the petitioner had antagonised the second respondent and, in turn, other persons in charge of the management of the respondent Co-operative Bank. It is the case of the petitioner that the second respondent was determined to remove the petitioner anyhow and to appoint a more favourable and pliable person in his place. The second respondent manipulated certain false charges against the petitioner and the chargesheet was issued. The petitioner had filed a detailed reply and requested for appointment of an impartial officer as Inquiry Officer and suggested the appointment of a retired Judge or a senior E























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