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2013 Supreme(Ori) 121

B.K.NAYAK
Bhimsen Gochhayat – Appellant
Versus
Zonal Manager, Bank of India – Respondent


Advocates:
Advocate Appeared:
M/s. Subash Ch. Puspalaka, K. Satapathy, K. Mohanty & S. Samal for Petitioner
Mr. G.A.R. Dora, Sr. Advocate, for Opp. Parties

JUDGMENT

B.K. NAYAK, J.

The Petitioner in this Writ Petition challenges the Order Dated 07.06.2011 under Annexure-1 passed by the Zonal Manager, Bank of India, Orissa Zone rejecting the Petitioner's application for grant of compassionate allowance.

2. The Petitioner was appointed initially as a part time sweeper on 23.05.1973 at Basta Branch of Bank of India & subsequently got promoted to the post of Daftary. For committing fraud on the bank the Petitioner was prosecuted under Sections 468/419/420 of the I.P.C. in G.R. Case No. 1049 of 1982 in the Court of Learned J.M.F.C., Balasore & was convicted & sentenced to R.I. for three years for the said offence by Judgment dated 26.08.1987; After initiation of prosecution he had been placed under suspension. On his conviction, the Petitioner was dismissed from service with effect from 26.08.1987 as per the Bank's Regulation. The Petitioner challenged the order of conviction in Criminal Appeal No. 60 of 1984, which was allowed by the Additional Sessions Judge, Balasore by Judgment dated 14.03.1989 & the Petitioner was acquitted of the charges. After his acquittal in appeal, the Bank initiated a disciplinary proceeding against him & issued cha



























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