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Judgment
V.M. Sahai, J.—We have heard Mr S.D. Suthar holding brief of Mr N K Majmudar, learned Counsel for the Appellant and Mr Varun K Patel, learned Counsel for the Respondents.
The facts in brief are that husband of the Appellant died in harness on 21.8.2006. He was serving with the Respondent Bank as Peon. An application was filed by the Appellant who was widow of the deceased for payment of ex-gratia in lieu of compassionate appointment as per policy of the Bank. The Appellant is a lady having no son and only one daughter. The claim dated 8.3.2007 by the Appellant was rejected by the Respondent on 04.4.2007 on the following grounds:
2.1 Misuse of D Ds for fraudulent purpose causing monetary loss to the Bank to the tune of Rs. 69.00 lacs, while working at Gomtipur Branch, Ahmedabad.
2.2 Various misconducts on his part viz. remaining unauthorized absent from duties, issuing cheques without maintaining sufficient balance in his account, borrowing money from outsiders on pretext of securing employment for them in the Bank, etc.
2.3 Giving guarantees to certain persons for loans availed by them from Gujarat Anusuchit Jathi Vikas Nigam, Ahmedabad, by fraudulently affixing seal of the Bank on the guarantee letter and obtaining signature of someone on the letter purported to be signature of the Bank Official.
The payment of ex-gratia amount in lieu of the compassionate appointment is discretionary. From the grounds given for rejection of the application of the Appellant by the Respondent Bank, it is clear that huge loss was caused to the Bank by the deceased husband of the Appellant.
Therefore, in our opinion, the Bank had rightly rejected the application of the Appellant for grant of ex-gratia payment in lieu of compassionate appointment. We do not find any illegality either in the order passed by the Bank or in the order passed by the learned Single Judge.
The appeal is devoid of any merit and is accordingly dismissed.