Reserved On : 09/02/2026 Pronounced On : 30/03/2026 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/LETTERS PATENT APPEAL NO. 186 of 2025 In R/SPECIAL CIVIL APPLICATION/10824/2004 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2024 In R/LETTERS PATENT APPEAL NO. 186 of 2025 FOR APPROVAL AND SIGNATURE:

HONOURABLE MR. JUSTICE BHARGAV D. KARIA and HONOURABLE MR.JUSTICE L. S. PIRZADA ==========================================================

Approved for Reporting Yes No ✓

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LH OF DECD N G KOTECHA & ORS.

Versus CENTRAL BANK OF INDIA & ANR.

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Appearance:

MR BHASKAR TANNA, SENIOR ADVOCATE FOR TANNA ASSOCIATES(1410) for the Appellant(s) No. 1,1.1,1.2,1.3 MS MOHINI BHAVSAR FOR MR BHARAT JANI(352) for the Respondent(s)

No. 1,2 ==========================================================

CORAM:HONOURABLE MR. JUSTICE BHARGAV D. KARIA and HONOURABLE MR.JUSTICE L. S. PIRZADA

CAV JUDGMENT

(PER : HONOURABLE MR. JUSTICE BHARGAV D. KARIA)

1.Heard learned Senior Advocate Mr. Bhaskar Tanna for the appellant and learned advocate Ms. Mohini Bhavsar for learned advocate Mr.

Bharat Jani for the respondent.

2.This appeal is preferred by the appellant-

original petitioners challenging the judgment and order dated 03.10.2024 passed in Special Civil Application No.10824 of 2004 whereby the petition is dismissed.

3.Brief facts of the case are that the appellant - original petitioner joined as a Clerk with the respondent bank on 01.07.1952 and lastly, he was promoted as the General Manager.

4.The petitioner was working as Chief Internal Auditor at Ahmedabad in the year 1993 when he received a memo dated 14.07.1993 calling upon him to submit reply to the alleged procedural lapses committed by him between 19.07.1986 to 19.02.1990 while he was working as Chief Manager, Jamnagar main office.

5.Thereafter the petitioner was served with a charge-sheet dated 12.08.1993 just two months prior to his retirement alleging misconduct due to procedural lapses committed by him. According to the petitioner, there were no allegations about any misappropriation or any financial loss caused to the respondent bank.

6.The petitioner submitted his reply on

23.08.1993. Thereafter two separate corrigendum were issued making minor corrections in the charge-sheet.

7.The defense representative filed written brief on 01.10.1993 on behalf of the petitioner.

8.The inquiry officer by report dated

21.10.1993 held that the petitioner was guilty of all the charges levelled against him and on the basis of such inquiry report, an order was issued by the respondent bank stating that though the petitioner was retiring on 31.10.1993, he would be continued in service till the departmental proceedings are concluded.

9. The petitioner submitted his reply on

28.10.1993. Thereafter the disciplinary authority by order dated 06.05.1994 imposed the punishment of dismissal upon the petitioner.

10. The petitioner preferred an appeal against the order of disciplinary authority and by order dated 19.01.1995, the appellate authority confirmed the order of dismissal.

11. Being aggrieved, the petitioner preferred a writ petition being Special Civil Application No.10096/1995 against the order of the appellate authority.

12. The said writ petition was disposed of by order dated 30.04.2003 and the petitioner was permitted to withdraw the petition in order to make a representation to the appropriate authority.

13. The petitioner preferred representation dated 12.05.2003 which was rejected by the Chairman and the Managing Director of the Bank vide order dated 24.07.2003.

14. The petitioner therefore preferred Special Civil Application No.10824/2004 before this Court which was admitted by order dated 03.09.2024.

15. During the pendency of the petition, the petitioner expired and therefore, his legal heirs are brought on record.

16. The writ petition was also dismissed by the impugned judgment and order dated 03.10.2024. The appellants who are