This Court concluded that item 1(g) would be attracted only if
the misconduct appears to be of a minor or technical character. In
my view, an act of forgery, notwithstanding the fact that the
concerned employee, could not derive advantage of his act upon
being apprehended by the employer, does not render the act to be of
a minor or technical character. It is immaterial whether the
employee succeeded in getting the advantage of an act of forgery.
Had he not been apprehended, he would have succeeded in reducing
his age by four years and thereby, would have increased his service
age / tenure by four years.
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO. 8747 OF 2012
WITH
CIVIL APPLICATION NO. 10732 OF 2016
The Chief Executive Officer,
The Ahmednagar District Central
Cooperative Bank Limited,
V
Prakash Ramchandra Waghmare,
CORAM : RAVINDRA V. GHUGE, J.
Dated: August 02, 2016
Citation:2016(5) ALLMR240
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the misconduct appears to be of a minor or technical character. In
my view, an act of forgery, notwithstanding the fact that the
concerned employee, could not derive advantage of his act upon
being apprehended by the employer, does not render the act to be of
a minor or technical character. It is immaterial whether the
employee succeeded in getting the advantage of an act of forgery.
Had he not been apprehended, he would have succeeded in reducing
his age by four years and thereby, would have increased his service
age / tenure by four years.
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO. 8747 OF 2012
WITH
CIVIL APPLICATION NO. 10732 OF 2016
The Chief Executive Officer,
The Ahmednagar District Central
Cooperative Bank Limited,
V
Prakash Ramchandra Waghmare,
CORAM : RAVINDRA V. GHUGE, J.
Dated: August 02, 2016
Citation:2016(5) ALLMR240
