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2011 Supreme(MP) 819

SUJOY PAUL
Vikram Sharma – Appellant
Versus
State Bank of Indore – Respondent


Advocates:
S.K. Singh for petitioner;
S.K. Rao with M.P. Agarwal for respondent/Bank.

ORDER

1. Brief facts necessary for adjudication of this matter are as under :

2. The petitioner has invoked the jurisdiction of this Court under Article 226 of the Constitution to assail the disciplinary proceedings, which ended with imposition of punishment of “removal from service with superannuation benefits, i.e., pension and/or provident fund and gratuity as would be due otherwise in the Rules of Regulation prevailing at the relevant time and without disqualification from future employment”. The petitioner after unsuccessfully challenging this removal order dated 1.4.2008 before departmental appellate authority, filed this writ petition. The appellate authority by order dated 5.9.2008 rejected the said appeal.

3. Shri S.K. Singh, learned counsel for the petitioner has assailed the procedural part of the departmental enquiry and also the enquiry report, punishment and appellate orders. Shri S.K. Singh, in nutshell, raised following points :

(a) The documents on the strength of which charge-sheet was drawn were also not provided to the petitioner;

(b) The documents which were demanded by the petitioner to defend himself were not provided to him;

(c) The preliminary enquiry officer was

























































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