KAMRUZZAMAN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The petitioner was employed with the Sonali Bank Limited. He was appointed in the year 2005 and confirmed in service in the year 2006. Relying upon an unsigned and undated communication allegedly made by a well wisher a show cause was issued to the petitioner in the month of May, 2022 and the petitioner was directed to show cause why administrative and legal action will not be taken against him as he submitted fake certificate at the time of joining where his date of birth is incorrectly recorded. The petitioner replied to the show cause within the stipulated time period. The employer lodged a complaint before the police and he was arrested and later obtained bail from the learned Court in April, 2023. Charge sheet was filed against the petitioner in January, 2023.

(2.) The petitioner was suspended on 8/5/2023. The instant writ petition has been filed by the petitioner on 16/6/2023 praying for setting aside or revoking the order of suspension. During pendency of the writ petition, the petitioner has been dismissed from service on 29/11/2023.

(3.) The grievance of the petitioner is that the bank ought not to have taken steps in response to an anonymous complaint. The complaint itself appears to be plainly false and incorrect. It has been submitted that the petitioner has already served the bank from 2005 till his date of suspension on 8/5/2023 without any blemish from any corner. The petitioner at the time of appointment relied upon the school leaving certificate wherein his date of birth is recorded as 2/10/1976. The date of birth in the school leaving certificate of Gudhia High School (HS) relying upon which his service has been dismissed is a false document. The petitioner was not a student of the said school. The petitioner was a student of Kharera A.N.H.M. High School (HS) wherein his date of birth has been record as 2/10/1976. No proceeding whatsoever was initiated against the petitioner to dismiss him from service.