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2013 Supreme(Cal) 372

JYOTIRMAY BHATTACHARYA
Ranjit Kumar Das – Appellant
Versus
Katwa Municipality – Respondent


Advocate Appeared:
For the Petitioners:Partha Sarathi Bhattacharyya, Raju Bhattacharyya, Advocates.
For the Respondents:Tapas Bhattacharya, Soumyadeep Biswas, Advocate.

Judgment :

A dismissed employee of Katwa Municipality has filed the instant writ petition challenging the order of his dismissal from service on the ground that he having been acquitted of charge under Section 409 of Indian Penal Code by the Criminal Court under Section 235(1) of Criminal Procedure Code, the departmental proceeding which was initiated against him on identical charge ought to have been dropped by the disciplinary authority and no punishment should have been awarded upon him. The said dismissed employee was initially appointed as a clerk in the said Municipality. Subsequently he was transferred to the post of a cashier. On 15th June 1992, he prepared two deposit challans; one for depositing a sum of Rs.10,000.00 and another for depositing a sum of Rs.2,981.69P, in the current account of the said Municipality with the State bank of India, Katwa Branch. Two separate bundles of money were created. In one of such bundles a sum of Rs.10,000.00 was kept and in the other bundle a sum of Rs.2,981.69P was kept. The challans and those two bundles of money were kept in a bag and the same was handed over to a peon namely Sri Gopi Krishna Chatterjee for depositing the said money w



























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