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2015 Supreme(All) 351

D. Y. CHANDRACHUD, MANOJ KUMAR GUPTA
PURVANCHAL BANK – Appellant
Versus
UMESH PRASAD GUPTA – Respondent


Advocates:
Counsel :
Aditya Kumar Singh and Ashok Khare for the Appellant; M.R. Goswami for the Respondent.

JUDGMENT

Hon’ble Manoj Kumar Gupta, J.—This intra Court appeal is directed against a judgment of the learned Single Judge dated 27.2.2015, whereby the writ petition filed by the respondent was allowed and the punishment of removal inflicted on him during the course of disciplinary proceedings has been set aside. He has been held entitled to reinstatement in service without backwages and the punishment of removal has been substituted with that of the withholding of two increments with cumulative effect.

2. The background facts are that the respondent while being posted as messenger in Branch Kevara, District Ballia of the Ballia Etawah Gramin Bank (now stands merged with Purvanchal Gramin Bank, Gorakhpur and has been re-designated by the name of the appellant) was served with a charge-sheet dated 31.10.2011 for alleged unauthorised absence from duty totaling 355 days during the year 2009, 2010 and 2011. The other charge was that inspite of registered notices to show-cause regarding unauthorised absence and to report on duty forthwith, the respondent failed to comply with the said





































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