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2008 Supreme(Guj) 47

ANANT S.DAVE
P. S. PATEL – Appellant
Versus
STALE BANK OF SAURASHTRA – Respondent


Advocates: A.S.VAKIL, I.S.SUPEHIA,

ANANT S. DAVE, J.

( 1 ) THE petitioner, a bank employee, who was in permanent service has chalienged the order dated 28. 10. 1997 passed by the respondent discharging him from service on the ground that the petitioner has incurred disqualification to continue in service in terms of Regulation 68 (7) (i) (ii) of the s. B. S. (Officers') Service Regulations, 1979 (for short "service Regulation") since the petitioner came to be convicted of an offence involving moral turpitude by the high court in exercise of power under the contempt of Courts Act, 1971 and had undergone the sentence.

1. 1. The short facts leading to this petition under Article 226 of Constitution of India, is as follows:

1. 2. Initially the petitioner was appointed as a Clerk and later on came to be promoted in the cadre of Officer on 20th November, 1995 and during his service tenure of 11 years, the petitioner has performed his duties without any remarks or any penalty. However, by the impugned order dated 20th october, 1997 which came to be served upon on 11. 11. 1997, the petitioner came to be discharged, in view of conviction of the petitioner under Section 2 (c) of the contempt of Courts Act, 1971 by the High cou






























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