LAWS(BOM)-2022-7-127

ANAND PRABHAKAR JOSHI Vs. BANK OF MAHARASHTRA

Decided On July 15, 2022
Anand Prabhakar Joshi Appellant
V/S
BANK OF MAHARASHTRA Respondents

JUDGEMENT

(1.) This Second Review Petition has been preferred by the petitioner, who appeared in person after dismissal of his first review petition by this Court bearing No. 3119 of 2020 on 5/10/2020.

(2.) Before adverting to the legal aspect as to whether second review is tenable in the given facts and circumstances, it would be expedient to briefly consider the background history of the case.

(3.) The petitioner was an employee of the respondent-bank. A disciplinary proceeding initiated against him on the ground of unauthorized absence from the service between 21/8/1994 to 14/9/1995, came to be unsuccessfully challenged by him before the Trial and the First Appellate Court. However, it was proved before the Courts below that the petitioner's absence till 30/9/1994 was authorized. There was nothing to show that the petitioner's admitted absence from service after 1/10/1994 and until 14/9/1995, when the charge-sheet was issued against him on the ground of unauthorized absenteeism, was authorized.