LAWS(CAL)-2015-5-1

STATE BANK OF INDIA Vs. SWATI MUKHERJEE

Decided On May 06, 2015
STATE BANK OF INDIA Appellant
V/S
Swati Mukherjee Respondents

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 10.01.2014 passed by a learned Single Judge of this Court in WP 29431(W) of 2013 (Deb Dutta Mukherjee Vs. State Bank of India & Ors.) whereby and whereunder the said Hon'ble Judge set aside the orders passed by the Appellate Authority as well as by the Disciplinary Authority and also quashed the enquiry report. The learned Single Judge gave liberty to the Appellant Bank to proceed afresh with the enquiry from the stage of conclusion of evidence.

(2.) The learned Single Judge then proceeded to give liberty to the Appellant Bank to appoint a new Enquiry Officer, preferably with a technical knowledge in the concerned speciality. It was further observed that if the Appellant Bank desired to proceed afresh, then the Enquiry Officer should submit a fresh enquiry report after complying with all the procedures laid down therefor.

(3.) The learned Judge then observed that the petitioner shall continue to be on suspension as he was prior to the order of removal and shall be entitled to financial benefits in accordance with law relating to an employee under suspension. The entire exercise was directed to be completed within a period of six weeks. The petitioner was directed to co-operate.