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2017 Supreme(Cal) 812

SAMBUDDHA CHAKRABARTI
Sima Dutta – Appellant
Versus
Central Bank of India – Respondent


Advocate Appeared:
For the Petitioner:Mr. Piyush Chaturvedi and Mr. Bhagbat Chowdhuri, Advocates.
For the Respondent:Mr. C.R. Bakshi and Mr. Kalyan Mukherjee, Ms. Anyasha Das, Advocate.

JUDGMENT :

SAMBUDDHA CHAKRABARTI, J.

1. The petitioner is an ex-employee of the Central Bank of India. There was a charge against her for producing a fabricated certificate from the Madrasah at the time of getting employment in the bank. The bank sent its auditors to the concerned Madrasah for verification of the document. The Teacher-in-Charge of the Madrasah while supplying a copy of the transfer certificate from the custody of the Madrasah endorsed on the certificate produced by the bank for verification that it did not seem to be genuine.

2. On the basis of that document, the bank initiated a departmental proceeding and the enquiry officer found the petitioner guilty of the charges levelled against her "on the basis of documentary and oral evidences produced" in the enquiry.

3. The disciplinary authority by an order dated July 26, 2017 awarded the punishment of dismissal without notice in terms of the relevant regulations mentioned in the said order. That order is under challenge in the present writ petition.

4. Although the enquiry officer specifically recorded that he had arrived at the conclusion that the prosecution had been able to prove the case on the basis of the oral and do






































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