P.B.MAJMUDAR
UTTAMCHAND J. SHAH – Appellant
Versus
DENA BANK – Respondent
( 1 ) IN the present petition, which is pending before this Court practically since two decades, the challenge is against the order passed by the Disciplinary Authority of the respondent-Bank against the petitioner, imposing a penalty of withholding of one increment without cumulative effect. The petitioner has also challenged the action of the Management in not giving him benefit of promotion with retrospective effect, i. e. with effect from 1st June, 1982. The petitioner has also challenged paragraphs 3. 8 and 3. 9 of the Promotion Policy framed by the Bank, under Regulation 17 of the Dena Bank Officers (Service) Regulations, 1976, on the ground that the same is unconstitutional and arbitrary. The petitioner has also challenged the finding of the Enquiry Officer, by which the Enquiry Officer found that the petitioner has committed misconduct.
( 2 ) THE facts leading to the present petition are as under :-AT the relevant time, the petitioner was serving as Branch Manager of Dena Bank at Sihori, District : Banaskantha. The petitioner was subjected to charge sheet dated 10th April, 1981. As per the charge sheet, following charges were levelled against the petitione
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