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2008 Supreme(SC) 855

DALVEER BHANDARI
Central Bank of India – Appellant
Versus
Nripendra Nath Sarkar – Respondent


JUDGMENT

Dalveer Bhandari, J. —

1. Leave granted.

2. This appeal is directed against the judgment dated 20.8.2007 passed by the High Court of Calcutta in APOT No. 363 of 2007.

3. Brief facts which are necessary to dispose of this appeal are as under:-

The respondent was working as a Clerk with the appellant-Bank at Calcutta. The respondent was issued a charge-sheet for short deposit of Rs.36,990.53. An enquiry was instituted against him and he was found guilty and consequently he was dismissed from service. The respondent aggrieved by the order of dismissal preferred a writ petition under Article 226 of the Constitution before the High Court.

4. The learned Single Judge came to the conclusion that the enquiry officer was biased and the proceedings were conducted in a manner prejudicial to the interest of the delinquent respondent. The entire proceedings except the charge-sheet were quashed. The appellants herein were granted an opportunity to proceed with the matter de novo on the same charge-sheet.

5. The appeal filed against the aforesaid judgment was dismissed by the Appellate Court with slight modification of the order affirming the decision of the learned Single Judge.

6. The














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