CHHEL SINGH Vs. M.G.B. GRAMIN BANK PALI
LAWS(SC)-2014-7-36
SUPREME COURT OF INDIA (FROM: RAJASTHAN)
Decided on
July 07,2014
Chhel Singh
Appellant
VERSUS
M.G.B. Gramin Bank Pali
Respondents
Cited Judgements :-
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S.C.RAMPAL VS. UNION OF INDIA [LAWS(MPH)-2022-3-42] [REFERRED TO]
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PREM NARAYAN CHATURVEDI VS. STATE OF M.P. [LAWS(MPH)-2016-9-6] [REFERRED TO]
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ASHOK KUMAR VS. STATE OF JHARKHAND [LAWS(JHAR)-2017-1-102] [REFERRED TO]
ANWARKHAN VS. THE MANAGEMENT OF WALCHAND INDUSTRIES LTD. [LAWS(KAR)-2016-2-235] [REFERRED TO]
POSHANLAL VERMA, S/O JAGATRAM VERMA VS. CHAIRMAN, STATE INDUSTRIAL COURT [LAWS(CHH)-2017-5-60] [REFERRED TO]
KIRAN SHARMA VS. AGRICULTURAL UNIVERSITY, UDAIPUR AND ORS. [LAWS(RAJ)-2015-12-55] [REFERRED TO]
NAVNEET NISCHAL VS. STATE OF JHARKHAND [LAWS(JHAR)-2021-6-69] [REFERRED TO]
BUDDHADEV BISWAS VS. STATE OF WEST BENGAL [LAWS(CAL)-2023-7-135] [REFERRED TO]
STATE OF JAMMU AND KASHMIR VS. KAMAL KUMAR [LAWS(J&K)-2017-1-5] [REFERRED TO]
RAGHUBIND PASWAN VS. UNION OF INDIA [LAWS(P&H)-2020-9-115] [REFERRED TO]
SHER MOHAMMED VS. HIMACHAL ROAD TRANSPORT CORPORATION AND ORS. [LAWS(HPH)-2015-9-11] [REFERRED TO]
JUDGEMENT
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(1.)Leave granted.
(2.)This appeal is directed against the judgment and order dated 10th May, 2012 passed by the Division Bench of the High Court of Judicature for Rajasthan at Jodhpur whereby the Division Bench allowed the appeal preferred by the respondent-M.G.B. Gramin Bank, Pali (hereinafter referred to as the "Bank") and set aside the order passed by the learned Single Judge.
(3.)The factual matrix of the case is as follows:
The appellant was working with the respondent-Bank since 17th February, 1984 as Clerk-cum-Cashier. While in service he remained absent from duty from 11th December, 1989 to 24th October, 1990 (approximately 10 and 1/2 months) without obtaining prior permission of the competent authority. For the said reason he was served with a memorandum on 5th October, 1991 alleging contravention of the provisions of the Marwar Gramin Bank (Staff) Service Regulations, 1980, for the following charges:
He remained absent from duty from 11th December, 1989 to 24th October, 1990 without obtaining prior permission from the competent authority;
He failed to comply with the orders and directions given to him which were the letters issued asking him to join duty;
He remained absent from duty without any reason. On the day of joining he failed to submit medical certificate and submitted the same after much delay.
(2.)This appeal is directed against the judgment and order dated 10th May, 2012 passed by the Division Bench of the High Court of Judicature for Rajasthan at Jodhpur whereby the Division Bench allowed the appeal preferred by the respondent-M.G.B. Gramin Bank, Pali (hereinafter referred to as the "Bank") and set aside the order passed by the learned Single Judge.
(3.)The factual matrix of the case is as follows:
The appellant was working with the respondent-Bank since 17th February, 1984 as Clerk-cum-Cashier. While in service he remained absent from duty from 11th December, 1989 to 24th October, 1990 (approximately 10 and 1/2 months) without obtaining prior permission of the competent authority. For the said reason he was served with a memorandum on 5th October, 1991 alleging contravention of the provisions of the Marwar Gramin Bank (Staff) Service Regulations, 1980, for the following charges:
He remained absent from duty from 11th December, 1989 to 24th October, 1990 without obtaining prior permission from the competent authority;
He failed to comply with the orders and directions given to him which were the letters issued asking him to join duty;
He remained absent from duty without any reason. On the day of joining he failed to submit medical certificate and submitted the same after much delay.
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