SWAPAN KUMAR CHATTERJEE Vs. UNITED BANK OF INDIA

JUDGEMENT

(1.) THE petitioner joined the service of United Bank of India (hereafter the Bank) as a Cash Clerk on 13. 8. 1969. Towards the late eighties, he was functioning as Head Cashier of the Howrah branch of the Bank when he was charged with defalcation of fund of the Bank in course of discharging duty. On enquiry that followed, he was dismissed from service by the disciplinary authority vide order dated 8. 3. 1988. The order of the disciplinary authority was affirmed by the appellate authority.

(2.) QUESTIONING the order of penalty and the appellate order, the petitioner had the occasion to move the Court of Writ by filing an application in 1993. The writ application was dismissed by a learned Single Judge on 13. 6. 2002. Feeling aggrieved thereby, the petitioner preferred an intra court appeal. The appeal was disposed of by the Division Bench by judgment dated 6. 8. 2003 and 8. 8. 2003 with the following directions:

(3.) ACTING in compliance with the order of the Division Bench, the appellate authority considered the appeal with sympathy and compassion and on appreciation of the hardship caused to the petitioner by imposition of punishment of dismissal by the disciplinary authority substituted the penalty by passing an order dated 26. 9. 2003 which reads as under: