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2011 Supreme(Gau) 656

AMITAVA ROY, B.D.AGARWAL
State Bank of India & Ors. – Appellant
Versus
Lalhmachhuana – Respondent


Advocates Appeared:
Advocates appeared for the Appellants:Mr. S.S. Sharma, Sr. Advocate, Mr. R.K. Bhatra, Mr. K.K. Bhatra, Mr. M.M. Ali, Mr. G. Jalan & Mrs. L. Sharmah., Advocate appeared for the Respondent. Mr. S.N. Meitei.

B.D. Agarwal, J.:-

The judgment and order dated 4.5.2009 passed by the learned Single Judge of this court in WP ( C) No. 49 of 2008 is under challenge in this appeal.

2. By this impugned judgment, the learned Single Judge has set aside the order dated 11.7.2007 passed by the appointing author­ity, i.e. General Manager, Network-I, SBI, whereby the delinquent/respondent was dis­missed from service. Being aggrieved with the impugned judgment of the learned Single Judge, the disciplinary/appointing authority has preferred this appeal.

3. We have heard Mr. S.S. Sharma, learned Sr. counsel for the appellants and Mr. SN Meitei, learned counsel appearing for the respondent.

4. The disciplinary enquiry was initiated in the year 2005. The respondent herein was suspended from service vide order dated 19.12.2005. Thereafter formal charges were framed on 11.8.2006. The articles of charges relate to the period of 18.8.2005 to 19.12.2005. The allegations and charges are reproduced below:

"Statement of imputation of lapses against Shri Lalhmachhu-ana, JMGS-I, when he was posted as Branch Manager of State Bank of India, Tawipui South Branch during the period 18.08.2005 to 19.12.2005.

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