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2021 Supreme(Guj) 819

BIREN VAISHNAV
Nagjibhai Pitambardas Dabhi – Appellant
Versus
Union Bank of India – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Mr. Chirag B. Patel, Mrs. Ranjan B. Patel.
For the Respondent: Mr. Varun K. Patel.

JUDGMENT :

BIREN VAISHNAV, J.

1. This petition under Article 226 of the Constitution of India has been filed by the petitioner - an erstwhile bank employee with a prayer and for a direction to quash and set aside the order of dismissal dated 05.06.2003 confirmed in appeal by order dated 13.10.2003 and the order of 22.07.2006 by which the petitioner’s review application for reconsideration was not entertained.

2. Facts in brief are as under:

    2.1 The petitioner at the relevant time was working as a clerk cum cashier at the Manavadar Branch of the Union Bank of India. For an incident which took place on 08.11.2002, the petitioner was issued a show cause notice dated 15.02.2003 inter-alia stating that on 08.11.2002, a proprietor of M/s. N.P. Traders issued a self cheque of Rs. 11 lakhs and presented it for payment at the Manavadar Branch. Since, the Branch did not have sufficient cash, the branch arranged for inward remittance of Rs. 10 lakhs from State Bank of Saurashtra. Instead of paying Rs. 11 lakhs, the petitioner paid the party - the petitioner Rs. 10 lakhs i.e. Rs. 1 lakh short. When the party on 10.11.2002 reported a shortage of Rs. 1 lakh to the branch manager, the petitioner was

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