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1995 Supreme(SC) 1036

K.VENKATASWAMI, J.S.VERMA
W. B. state Co-operative Bank LTD. – Appellant
Versus
Paritosh Bagchi – Respondent


Advocates:
B.B.Singh, D.P.MUKHERJI, S.K.Ghosh, S.K.JAIN, TAPAS RAY

JUDGMENT

K. VENKATASWAMI, J.- Leave granted. Heard counsel on both sides. This appeal is preferred against the judgment and order dated 3-9-1993 passed in FMAT No. 1182 on the file of the High Court of Calcutta.

2. The first respondent was in the service of the appellant-Bank. A charge-sheet was issued on 11-5-1981 against him calling upon the first respondent to show cause against the charges brought against him. On receipt of reply to the show-cause notice a regular departmental enquiry was held and the Inquiry Officer submitted a report. Thereafter the disciplinary authority accepting the enquiry report issued a further show-cause notice dated 13-8-1981 why the punishment of dismissal should not be imposed upon him in the light of the enquiry report and findings thereon which were accepted by him. It must be noted that along with this notice, the copy of the enquiry report was also enclosed.

3. The first respondent challenged the issuance of second show-cause notice itself by filing a writ petition. However, he withdrew the same as before the writ petition could be taken up for hearing, the final order dismissing the first respondent was passed by the Management.

4. The first respo













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