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2021 Supreme(Guj) 381

VINEET KOTHARI, B.N.KARIA
Harshad N. Dave – Appellant
Versus
Regional Manager – Respondent


Advocates:
Advocate Appeared:
For the Appellant : MR PV PATADIYA
For the Respondent: MR NISARG DESAI FOR NANAVATI ASSOCIATES

JUDGMENT :

B.N. KARIA, J.

1. Being dissatisfied with the Judgment and Order dated 9th January 2012 passed by the learned Single Judge (Coram: Mr. Justice K.M. Thaker, J. ) in Special Civil Application No. 18493 of 2011, present Letters Patent Appeal has been preferred at the instance of the Appellant.

2. Brief facts of the case which are relevant for the purpose are that:

2.1 The Appellant joined the Respondent-Bank on 10th August 1973 as a Leave Reserve Cashier and was appointed as a Staff Clerk-Cashier in Charge at Sardhar Branch in “C” Category and worked for more than 30 years with the Respondent-Bank. That, the service record of the Appellant was blot-less and the Appellant was not subjected any Departmental or Disciplinary proceedings earlier. On 15th January 2003, the Appellant received a Memo from Zonal office seeking his explanation to Three charges. As per first charge, it was alleged to have addressed the Manager as Hoodlum on 21st February 2002. As per the Second charge, less payment was made or demanded more money from the customers and as per the Third charge, he was careless and irresponsible behaviour while discharging his day-to-day duties. Reply was submitted by the A

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