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1995 Supreme(SC) 190

FAIZAN UDDIN, P.B.SAWANT
Surjit Ghosh – Appellant
Versus
Chairman And Managing Director, United Commercial Bank – Respondent


Advocates:
A.K.Sil, B.D.AHMED, D.P.GUPTA, D.S.Chauhan, G.JOSHI, P.Sinha, S.B.SANYAL

JUDGMENT

SAWANT, J. —The appellant was appointed as a Probationary Officer in the respondent-Bank on 4th October, 1971 and confirmed in that post on 24th February, 1973. In August 1975, the appellant was charged for having demanded and taken Rs.1,900/- as bribe from one Sk. Rahul Amin, He was suspended from service on 23rd August, 1975. However, the suspension was revoked with immediate effect by another order of 12th December, 1975. Thereafter, he was again placed under suspension w.e.f. 10th July, 1976 when the Central Bureau of Investigation took up the investigation of the case. Prosecution was launched against him on 28th July, 1977 under Section 6 (1) (d) read with Section 5(2) of the Prevention of Corruption Act, 1947. The learned Sessions Judge convicted him of the said offence by his order of 14th July, 1978. In appeal, the High Court reversed the order of conviction and acquitted him of the charge by its order of 4th December, 1979.

2. It appears that in the meanwhile, the Bank dismissed the appellant from service by its order of 17th August, 1978 pursuant to the order of the Sessions Court. Against the said order, the appellant approached the High Court by a writ petition











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