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2010 Supreme(Mad) 5413

P.JYOTHIMANI
D. Rajasekaran – Appellant
Versus
The Disciplinary Authority/ Assistant General Manager – Respondent


Advocates Appeared:
For the Petitioner:R. Muthukannu, Advocate.
For the Respondents:Karthik for M/s. T.S. Gopalan & Co., Advocates.

Judgment :-

1. The writ petition is directed against the order of the disciplinary authority viz., the first respondent dated 21.11.2000, as confirmed by the appellate authority, the second respondent dated 5.6.2002, by which punishment of dismissal was passed against the petitioner, treating the period of suspension as suspension for all purposes came to be confirmed.

2. The writ petitioner while he was working as a Cashier in the respondent Bank at Sivakasi branch, there was a complaint about shortage of Rs.31,689.30, in respect of which a criminal case was filed against him under section 409 IPC before the Judicial Magistrate No.II, Sattur, which was subsequently transferred to the file of Judicial Magistrate, Sivakasi and numbered as C.C.No.382 of 1989. It is, in respect of the same allegation, the first respondent issued a charge memo on 17.12.1988. Even though the petitioner was acquitted in the criminal case, in departmental proceedings, by order dated 21.11.2000 of the first respondent which is stated to have been served on the petitioner on 7.3.2002, he was dismissed from service as against which appeal was filed before the second respondent which came to be rejected on 5.7






























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