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2008 Supreme(Mad) 294

ELIPE DHARMA RAO, S.R.SINGHARAVELU
Canara Bank by its General Manager, Bangalore – Appellant
Versus
Presiding Officer, Industrial Tribunal, Chennai and Another – Respondent


Advocates Appeared:
Karthick for T. S. Gopalan & Co., for Appellant.
N. G. R. Prasad for Row & Reddy for Respondents.

Judgment :-

S.R. SINGHARAVELU, J.

The writ appeal is directed against the order of the learned single Judge dated 14.12.2001 in W.P. No. 1313 of 1996.

2. The case of the appellant/petitioner is that the second respondent employee who was working as a Shroff, Uthamapalayam Branch of the Bank was charge sheeted for alleged misconduct within the meaning of Chapter-XI Regulation 3 Clause (I) of the Canara Bank Service Code. The crux of the charge is that the second respondent by making wrongful entries in the record, had caused cash shortage of Rs. 50,000/- and had misappropriated the said amount. The criminal complaint which was filed against him ultimately ended in acquittal by order dated 16.12.1988. Subsequently, disciplinary proceedings commenced and charge memo was issued on 31.1.1989. An enquiry was conducted and on the basis of the Enquiry Officers findings and recommendations, the Deputy General Manager being the Disciplinary Authority dismissed the second respondent from service. Aggrieved by the same, the employee raised a dispute in I.D. No. 33 of 1992. Though the Industrial Tribunal, Chennai, by its order dated 19.9.1995, found that the charges were established; however, in








































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