NILENDU DUTTA Vs. ASSAM GRAMIN VIKASH BANK

JUDGEMENT

(1.) The initiation of a disciplinary proceeding which has culminated in an order of penalty of dismissal from service dtd. 30/12/2013 is the subject matter of challenge in this writ petition. The attempt of the petitioner to have his grievances redressed by approaching the appellate authority in the Bank had also not yielded any favorable result as his appeal was rejected on 3/4/2014. Thereafter, the present writ petition has been filed.

(2.) The facts, bereft of details are that the petitioner was appointed in the year 1991 as a Clerk-cum-Cashier in the erstwhile Cachar Gramin Vikas Bank which has subsequently merged and became the Assam Gramin Vikash Bank (hereinafter the Bank). In discharge of his duties, in connection with a misconduct on 25/7/2011, the petitioner was placed under suspension pending drawl on a departmental proceeding. The same was followed by a show-cause notice dtd. 24/8/2011 which had three charges. All the three charges relate to misappropriation of Bank money of various amounts. The show-cause notice was replied to by the petitioner and thereafter a memorandum of charge was issued on 11/4/2012 which was also replied to by the petitioner denying the charges. On such denial, an enquiry was initiated. In the said inquiry, three numbers of witnesses were produced by the Bank and after submission of the enquiry report, the petitioner was issued a second show-cause notice on 12/9/2013 which he had replied. The respondent - Bank had thereafter issued another notice on 20/11/2013 on the proposed penalty which was also replied to by the petitioner, whereafter vide the impugned order dtd. 30/12/2013, the petitioner was inflicted with the penalty of dismissal from service. As indicated above, the departmental appeal was also rejected by the Appellate Authority vide order dtd. 3/4/2014.

(3.) I have heard Shri KR Patgiri, learned counsel for the petitioner whereas the respondent - Bank and its officers are is represented by Shri S. Dutta, learned Senior Counsel assisted by Ms. S. Mochahari, learned counsel.