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SANJIB BANERJEE
Soumya Datta – Appellant
Versus
State Bank of India – Respondent


Advocate Appeared:
For the Petitioners:S. Majumder, Advocate
For the Respondents:L.K. Gupta, Sr. Adv., A.K. Routh and S. Pal Chowdhuri, Advocates

JUDGMENT :

Sanjib Banerjee, J.

The first petitioner, an office-bearer of the second petitioner officers association of the State Bank of India, challenges a notice dated September 27, 2012, the accompanying articles of charge levelled against such employee and the statement of imputation of misconduct appended to the letter on the ground that the action initiated is mala fide and the material does not make out any case of misconduct within the meaning of the applicable rules.

2. The State Bank of India apparently proposes to open its bank counters to its constituents on Sundays. The petitioner association caused a letter to be issued on August 28, 2012 to the local head office that a demonstration would be held at 2 pm on that day at such office to protest the move of the bank to keep its branches open on Sundays. Though the bank claims that the letter was received subsequent to the demonstration being held, nothing turns on such aspect of the matter. Demonstrations are said to have been simultaneously held at various local head offices and other branches of the bank all over the country. The petitioners say that similar notices were issued to at least 14 office-bearers of the officer














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