The Assistant General Manager vs The Secretary
2023 Latest Caselaw 18097 MP

                                                                      1
                       IN THE HIGH COURT OF MADHYA PRADESH
                                    AT JABALPUR
                                                                 WP No. 27501 of 2023
                                           (THE ASSISTANT GENERAL MANAGER Vs THE SECRETARY)

   Dated : 30-10-2023
        Shri Abhinav Kherdikar - Advocate for petitioner.

        Issue notice to respondents on payment of process fee by registered AD

mode, payable within seven working days.

It is submitted by counsel for petitioner that allegations against respondent were with regard to misappropriation of amount of the Bank

customer. Therefore, in the light of judgments passed by Supreme Court in the cases of State Bank of India and another Vs. Bela Bagchi and others reported in (2005) 7 SCC 435, Disciplinary Authority-Cum-Regional Manager and others Vs. Nikunja Bihari Patnaik reported in (1996) 9 SCC 69 and Regional Manager, U.P. SRTC, Etawah and others Vs. Hoti Lal and another reported in (2003) 3 SCC 605, dismissal from service is the appropriate punishment and CGIT has wrongly interfered with quantum of punishment by converting dismissal into compulsory retirement.

Considering the submissions made by counsel for petitioner, it is directed

that effect and operation of para 19(B) of award dated 29.09.2022 passed by CGIT Jabalpur in Case No.CGIT/LC/R/98/2012 shall remain stayed.

The notices are made returnable within a period of four weeks. List on 30.11.2023 for confirmation of stay. If possible, the matter shall be heard finally.

Digitally signed by VARSHA CHOURASIYA DN: c=IN, o=HIGH COURT OF MADHYA PRADESH,

VARSHA ou=HIGH COURT OF MADHYA PRADESH, postalCode=482001, st=Madhya Pradesh, 2.5.4.20=f460d4685ef5a4622238f0b59b78c2407fd3ee2f 619d9ce8e428c224c23ec8ac, (G.S. AHLUWALIA) CHOURASIYA JUDGE pseudonym=4898159F2B2CE66588391B16E9CF8981F5 D6A897, serialNumber=A0506346908D8FDC4A2DA9968A85B01 E1D95EF7D1630553560798626817C4267, cn=VARSHA CHOURASIYA Date: 2023.10.30 17:26:59 +05'30'

vc