ASSAM CO Vs. TARUN KUMAR CHAKRAVARTY

JUDGEMENT

(1.) (Oral) - This appeal has been filed by the Assam Co-operative Apex Bank Ltd. which is a banking society registered under the provisions of the Assam Co-operative Societies Act, 1949. The respondent who is is an employee of the above Bank filed the title suit in question, namely TS No. 96 of 1986, before the Munsiff No, 1, Goalpara. The second appeal is preferred against the judgment and decree of the learned District Judge, Goalpara, in TA No. 32 of 1988 by which the judgment and decree of the learned Munsiff No. 1, Goalpara (TS No. 96 of 1985) was set aside. It may be stated that the learned trial Court dismissed the suit but the learned lower appellate Court decreed it.

(2.) The respondent herein as plaintiff filed the title suit against the Chairman, Administrative Council and Board of Directors of the Assam Co-operative Apex Band Ltd., Managing Director of the Bank and Branch Manager of Goalpara Branch of the Bank namely; defendant Nos. 1, 2 and 3 respectively. The Bank which is the sole appellant in this case was not made a party.

(3.) The plaintiff-respondent was initially appointed as an Office Assistant of the Bank at Gaolpara Branch in the year 1958 and subsequently promoted to the post of Sub Accountant in the year 1977. After serving two years he was transferred to a new branch at Abhayapuri in the same district of Goalpara in the year 1979 and he was put in-charge of the said Branch and working along with two other persons. On 16.9.80 the plaintiff was placed under suspension and departmental proceeding was drawn up in respect of six charges and enquiry was duly conducted. The plaintiff and one Shri Ramesh Das, an Assistant of the said branch were found guilty of charge Nos. 1, 3 and 4 and they were not found guilty in respect of other three charges. The disciplinary authority namely, Managing Director, accepted the finding of the Enquiry Officer and imposed the punishment of reversion of rank of the plaintiff-respondent from Sub Accountant to an Assistant. Hence, the present suit.