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2007 Supreme(HP) 200

RAJIV SHARMA
SITA RAM – Appellant
Versus
BANK OF INDIA – Respondent


Advocates Appeared:
Mr. Vivek Thakur, Advocate, for the Petitioner; Mr. Ramakant Sharma, Advocate, for the Respondents.

JUDGMENT

Rajiv Sharma, J.—By way of this petition, the petitioner has challenged orders dated 21st January, 2004, 9th February, 2004 and appellate order dated 23rd July, 2004.

2. Shorn of the unnecessary details, the bare facts for the adjudication of this petition are that the disciplinary proceedings were initiate against the petitioner. The copy of the inquiry report dated 22.8.2001 has been placed on record and marked as Annexure P-5. The Inquiry Officer has recorded the following findings against the petitioner as reproduced below : "FINDINGS : Charge A - That the customer had given a cheque for Rs. 30,000 to Shri. Sita Ram for taking payment on her behalf. Proved Charge B - Shri Sita Ram received the payment of the Cheque dated 13.1.200 for Rs. 30,000/-. Proved Charge C - Shri Sita Ram did not hand over the payment to the customer Proved."

3. As a sequel to the inquiry report dated 22.8.2003, the petitioner was served with show-cause (punishment) notice by the discipliner authority on 21st January, 2004. Thereafter the disciplinary authority has awarded the penalty of punishment compulsory retirement from banks service under clause 6 (C) of the bipartite settlement dated 10.4.2





















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