PRASANTA KUMAR MAITY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The writ petitioner has challenged the impugned resolution dated 15.10.2006 of the respondent Co-operative Bank affirming the order of dismissal of the petitioner by the disciplinary authority, that is the Board of Directors of the respondent Co-operative Bank dated 22.10.1999.

(2.) The facts of the case are as follows : The petitioner was posted at Mongalamaro branch of the Co-operative Bank and the in the course of his employment he took a gold loan for a sum of Rs. 2750/- on 3rd August, 1994 by pledging some gold ornaments against receipt No. 022545 it was alleged that he tampered with the packet containing the pledged articles and replaced the said ornaments by fake brass/alluminium guilted ornaments. The petitioner took another gold loan for a sum of Rs. 4200/- by pledging gold ornaments which it was alleged that he had already taken back on 15th May, 1994.

(3.) The petitioner was charged for committing gross misconduct under the relevant Service Rules which as follows :