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2021 Supreme(J&K) 513

SANJAY DHAR
Zia Ud Din Changal – Appellant
Versus
Kashmir Mercantile Cooperative Bank – Respondent


Advocates Appeared:
For the Petitioner:Mr. Ateeb Kanth, Advocate.
For the Respondent:Mr. B.A. Zargar, Advocate.

JUDGMENT :

Sanjay Dhar, J.

Petitioner has challenged order No.KMCB/HO/1690/06-07 dated 01.11.2006 passed by the respondent Bank, whereby, while ordering reinstatement of the petitioner, it has been directed that he shall not be paid the salary for the period of suspension, he shall be reverted to the post of Cashier from which he was elevated to the post of Assistant Manager, additional increments and other monetary benefits granted to the petitioner at the time of promotion be recovered from him and he shall not be posted at the cash receipt or payment counter.

2. It is the case of petitioner that he was appointed as Cashier-cum-Clerk in the respondent Bank on 27.07.1992, whereafter on the basis of his representations, pursuant to the decision and resolution of the Board of Directors of the respondent Bank, he was promoted to the post of Assistant Accountant (re-designated as Assistant Manager) in terms of order No.KMCB/HO/2248-54/04-05 dated 30.03.2005. On 15.04.2006, an order bearing No. KMCB/HO/1437-41/06-07 came to be issued by the Secretary of the respondent Bank whereby petitioner was placed under suspension with immediate effect till further orders. On 27.05.2006, vide No. K

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