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LPA/2147/2009 1/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
LETTERS
PATENT APPEAL No. 2147 of 2009
In
SPECIAL
CIVIL APPLICATION No. 3558 of 2009
=========================================
N
B PATEL - Appellant(s)
Versus
BANK
OF INDIA & 2 - Respondent(s)
=========================================
Appearance :
MR
NK MAJMUDAR for
Appellant(s) : 1,
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE BHAGWATI PRASAD
and
HONOURABLE
MR.JUSTICE BANKIM.N.MEHTA
Date
: 20/01/2010
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE BHAGWATI PRASAD)
Heard
learned counsel for the appellant.
Pursuant
to the orders of this Court, a show cause notice was given and to
that show cause notice, a reply was submitted by the appellant.
After considering the reply, the order of withholding 25% pension
have been passed by the authorities. Thus, the orders of this Court
observing principles of natural justice have been complied with. The
learned counsel submits that in the order, which has been passed to
withhold 25% pension, no reasons have been assigned to reject the
representation which has been filed by the appellant. We have been
taken to the representation and except that it has been narrated that
other employees have been given lesser punishment, no other plausible
ground is available in the reply. On the contrary, in the reply, it
is submitted that he has accepted the findings of the inquiry officer
and has not challenged the same. In view of the fact that the
fraudulent act was under consideration against the bank employee and
that having proved by the authority after considering the statement
which does not raise any considerable point with regard to
withholding the pension to the tune of 25%, we think that no
illegality has been committed by the learned single Judge. No force.
The appeal is dismissed.
(BHAGWATI
PRASAD, J)
(BANKIM.N.MEHTA,
J)
shekhar/-
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