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2016 Supreme(Guj) 706

AKIL ABDUL HAMID KURESHI, A.Y.KOGJE
S. J. Purohit – Appellant
Versus
Deputy General Manager and Disciplinary Authority – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Maulin Rawal, Advocate for R.J. Rawal Assoc., Advocate and Shivya A. Desai, Advocate
For the Respondents:Vinay Bairagra, Advocate for Trivedi & Gupta, Advocate

JUDGMENT :

A.Y. Kogje, J.

1. The appeal is challenging oral judgment of the learned Single Judge dated 30.04.2010 in Special Civil Application No. 10390 of 1994, wherein the learned Single Judge has uphold the order of discharge of the appellant from the Bank's service. The appellant before the Court is an employee of a Nationalized Bank (hereinafter to be referred as "the petitioner" for brevity) and the respondent is a Nationalized Bank (hereinafter to be referred as "the respondent Bank").

2. The facts in brief necessary for the purpose of this case and as emerging on the record are as under:--

2.1 The petitioner was employed as clerk in the respondent Bank in the main Branch at Ahmedabad. He was charge sheeted for a gross misconduct vide communication dated 13.10.1980. Three charges of gross misconduct were communicated under the aforementioned letter, which are as under:--

"I. Doing an act prejudicial to the interest of the Bank and involving the Bank in serious loss.

II. Willful damage to the property of the Bank or its customers.

III. Forging signatures of an official of the Bank."

2.2 The circumstances on the basis of which the aforementioned charges were applied are as under:--

"i)



















































































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