DUKHU DAS Vs. CENTRAL BANK OF INDIA

JUDGEMENT

(1.) The present writ petition has been filed, inter alia, challenging the disciplinary proceeding as also the order of dismissal passed by the respondent no. 6.

(2.) It is the petitioner's case that the petitioner had participated in the selection process initiated by the respondent no. 2 for recruitment of Safai Karmachari cum Sub-Staff and/or Sub-Staff in the Central Bank of India. Upon being successful, the petitioner had been appointed in the sub cadre on probation with effect from 8 th February, 2013, and subsequently confirmed on permanent roll in the post of Sub-Staff. In course of his employment, the petitioner was served with a memorandum dtd. 28/3/2016 alleging that the school leaving certificate (Transfer certificate) dtd. 2/5/2007 issued by the Katamari High School which was submitted by the petitioner at the time of his appointment in the bank appears to be not genuine. Accordingly, the petitioner was directed to submit a written explanation within 7 days from the date of receipt of the said memorandum as to why disciplinary action should not be initiated against the petitioner.

(3.) Consequent upon receipt of the aforesaid memorandum, the petitioner had submitted his reply, inter alia, claiming that he was a bonafide student of Katamari High School, Post office - Elajanerkuthi, District - Cooch Behar and that he had obtained the said transfer certificate at the time of leaving the school. Records reveal that the petitioner was subsequently served with a charge sheet dtd. 26/9/2016. The petitioner duly participated in the said enquiry. Ultimately, after conclusion of the enquiry, the findings of the enquiry were forwarded to the petitioner under cover of letter dtd. 17/7/2017 by the disciplinary authority, for the petitioner to respond to the same.