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2010 Supreme(Mad) 3128

S.NAGAMUTHU
The Lakshmi Vilas Bank Limited – Appellant
Versus
The Deputy Commissioner of Labour [Appeals] – Respondent


Advocates Appeared:
For the Petitioner:S. Ravindran for M/s. T.S. Gopalan & Co, Advocates.
For the Respondents:N.R. Elango, Senior Counsel, R2- A. Saravanan, Advocate, R3 - S. Sivashanmugam, GA.

Judgment :-

1. The 2nd respondent was originally appointed as Manager in Lakshmi Vilas Bank Limited on 26.05.1986. Between 14.06.1994 and 19.08.1997, he was working as Branch Manager at Calicut Branch of the said Bank. In respect of certain misconduct said to have been committed by him, a charge sheet was issued to him on 23.02.1996. Denying the same, the 2nd respondent submitted his explanation on 23.03.1996. Thereafter, an additional charge sheet was issued on 28.03.1996, for which, the petitioner submitted his explanation on 20.04.1996 thereby denying the additional charges also. Not satisfied with the said explanations, an enquiry officer was appointed to hold an enquiry into the charges. Totally, as many as 23 charges were framed against him. On completing the enquiry, the enquiry officer submitted his report dated 11.07.1997 holding as many as 13 charges were proved. He held the other charges not proved. Based on the same, a second show cause notice was issued to him calling upon him to submit his further explanation. Accordingly, he did. Thereafter, by order dated 19.08.1997, he was terminated from service. Challenging the same, the 2nd respondent preferred an appeal under Se






































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