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2020 Supreme(Cal) 288

AMRITA SINHA
Swapan Kumar Saha – Appellant
Versus
Bangiya Gramin Vikash Bank – Respondent


Advocates Appeared:
Debabrata Saha Roy, Advocate, Indranath Mitra, Advocate, Neil Basu, Advocate, Soumya Majumder, Advocate, Victor Chatterjee, Advocate

JUDGMENT

Amrita Sinha, J. - The petitioner was a Scale -II officer (Branch Manager) of the Bangiya Gramin Vikash Bank (BGVB for short). He is aggrieved by the penalty imposed upon him by the disciplinary authority vide order dated 5th May, 2016 removing him from service and for non payment of his retiral dues.

2. By a notice dated 6th April, 2010 the petitioner was directed to show cause why disciplinary action would not be initiated against him for violation of the Service Regulations. The petitioner failed to reply to the said show cause. A further letter was issued to him on 1st May, 2010 but the petitioner did not comply with the same. A reminder dated 14th July, 2010 was issued which was also not responded to by the petitioner.

3. The Bank concluded that the petitioner did not have any defence and a charge sheet was issued to him on 26th October, 2010 by the Chairman of the Bank directing him to reply to the allegations made therein within a period of ten days. The allegation was that in July, 2008 the petitioner borrowed a sum of Rs. 4,33,000/- in the capacity of Branch Manager from a borrower of that branch and assured him to return the said money within a month. In spite of

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