ARUN MUSHAHARY Vs. ASSAM GRAMIN VIKASH BANK

JUDGEMENT

(1.) Heard Mr. D.K. Sarma, learned counsel for the petitioner. Also heard Mr. S. Dutta, learned Senior counsel assisted by Mr. S. Dutta, learned counsel for the respondents No.1 and 2 and Mr. G. Pegu, the learned Govt. Advocate appearing for the respondent No.3.

(2.) By this writ petition filed under Article 226 of the Constitution of India, the petitioner has challenged the impugned order dated 30.12.2013, passed by the respondent No.2, thereby imposing a penalty of removal from service upon the petitioner.

(3.) In brief, the case projected by the petitioner is that he had joined service in the Assam Gramin Vikash Bank w.e.f. 28.03.1985. He had served in various branches of the Bank in various capacities. While discharging his duty in Kosugaon Branch, he was served with a show-cause notice dated 02.09.2010, alleging commission of certain irregularities between 25.10.2003 to 24.09.2009 while posted at Serfanguri Branch. The petitioner projects that though he had submitted his show-cause reply, the management of the respondent Bank decided to hold an inquiry purportedly on the ground on non-receipt of show-cause reply. It is further projected that prior to the initiation of the inquiry, the respective customers in whose accounts the petitioner is alleged to have committed irregularities, had voluntarily deposited the differential amount with the respondent-Bank vide pay-in slips dated 08.06.2011, 14.06.2011, 25.10.2011, 26.10.2011 and 29.10.2012. Moreover, it is projected that over and above realizing the amounts from the four customers, the respondent Bank No.1 had also realized a sum of Rs.50,000/- from the arrear salary of the petitioner, against the allegedly misappropriated amount and, as such, it is projected that the Bank had already realized twice of the amount alleged to have been misappropriated by the petitioner.