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2020 Supreme(Cal) 362

SAUGATA BHATTACHARYYA, SOUMEN SEN
Tara Devi – Appellant
Versus
Bank Of India – Respondent


Advocates Appeared:
Mr. Kishore Mukherjee, Adv. for the appellants, for the Appellant; Mr. R.N. Majumdar, Adv. Mr. Sourav Chakraborty, Adv. for the respondents, for the Respondent

JUDGMENT

1. The appeal is arising out of an order dated 5 th September, 2019 in a writ petition filed by the appellants for compassionate appointment. The writ application was dismissed on 5 th September, 2019.

2. One Sukdev Prasad Singh was an employee of the bank. A disciplinary proceeding was initiated against him in the year 2012. The proceeding was decided ex parte as the employee did not attend the said proceeding in spite of repeated notices. The bank imposed the penalty of compulsory retirement with superannuation benefit by an order dated 27 th February, 2013.

3. The petitioner no.1 being the spouse of the employee intimated the bank that the employee went missing since 2 nd February, 2007. A GDE was lodged in the concerned police station on 28 th May, 2007. After passing of the final order in the disciplinary proceeding, the petitioner no.1 requested the bank for releasing the terminal benefits of the employee and also to give compassionate appointment in favour of her son, being the petitioner no.2 herein.

4. By a letter dated 19 th April, 2014, the petitioner was requested to obtain and submit a Civil Death Certificate of the employee for settlement of his terminal benef

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