BHAGABAN CHANDRA SARMAH Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. Manish Choudhury, learned counsel for the wit petitioner. Also heard Dr. B. Ahmed, learned Standing Counsel, Cooperation Department, appearing for the respondents.

(2.) Since both these writ petitions are founded on common facts raising similar questions of law, hence, these are being disposed of by this common judgment and order.

(3.) The facts of the case, briefly stated, is that the writ petitioner had earlier joined service under the erstwhile Kamrup District Central Co-Operative Bank Ltd., a registered cooperative society, as a supervisor in the year 1971. In the year 1979 the Kamrup District Central Co-Operative Bank Ltd. stood merged with the Assam Co-Operative Apex Bank Limited. Consequently, the Chief Executive Officer of the Assam Cadre Management Cooperative Society Limited (hereinafter, in short, ACMCSL) had issued a notification dated 29.01.1979 notifying that pursuant to the merger, the employees of the erstwhile bank would stand absorbed in the ACMCSL and their appointments would be deemed to have been made with effect from 16.01.1979. The name of the writ petitioner appeared in serial No.10 of the list of employees shown in the notification dated 22.01.1979. Thereafter, by issuing a separate notification dated 24.01.1979, the petitioner was posted as the Secretary in the Boko Gaon Panchayat Samabai Samiti (GPSS) in which post he had joined immediately. However, while working as the Secretary of the said Samabai Samiti, by the order dated 16.11.1987 issued by the Chief Executive Officer of the ACMCSL the petitioner was placed under suspension. Thereafter, by the order dated 26.09.1989 the petitioner was dismissed from service without assigning any reason or holding any enquiry against him purportedly on the ground that he had misappropriated money belonging to the GPSS Ltd. during his tenure as Secretary.