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2019 Supreme(Cal) 767

TAPABRATA CHAKRABORTY
Sanjay Kumar Saha – Appellant
Versus
UCO Bank – Respondent


Advocate Appeared:
For the Petitioner:Soumya Majumdar, Dibyendu Chatterjee, Madhuparna Sarkar, Siddhartha Roy, Advocates.
For the Respondents:Ashim Routh, S.M. Obeidullah, Sudip Pal Choudhuri, Anindita Auddy, Advocates.

JUDGMENT :

1. As a prelude to the instant lis it needs to be stated that challenging a statement of allegations and charges contained in a memo dated 28th February, 2006 issued by the respondent no.2, an enquiry report dated 19th February, 2008, orders passed by the disciplinary authority (in short, DA) and the appellate authority (in short, AA) dated 1st September, 2009 and 7th May, 2009 respectively, the petitioner preferred a writ petition being WP 1038 of 2009. The same was disposed of by an order dated 8th March, 2016 observing inter alia that the finding on proof of allegation no.1 was perverse and that the allegation no.3 relates to an error of judgment and does not impute misconduct. On the basis of such observations, the order of the AA dated 7th May, 2009 was set aside directing the AA to revisit its order. Pursuant to such direction, the AA passed an order on 12th May, 2017. The operative part of the said order runs as follows:

    "In view of allegation-wise and other observations, the Committee of the Board of Directors for disposal of appeal cases is of the view that allegation Nos. 2 and 4 leveled are held as proved against Shri Saha. Therefore, the Committee decided not t

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