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2021 Supreme(Cal) 245

SUBRATA TALUKDAR, SUBHASIS DASGUPTA
Subhasis Bandyopadhyay – Appellant
Versus
Central Bank Of India – Respondent


Advocates Appeared:
Ranajit Chatterjee, Advocate, Aniruddha Mitra, Advocate, Deblina Banerjee, Advocate, Soumya Majumder, Advocate, A. Rao, Advocate, P. Gandhi, Advocate

JUDGMENT

Subrata Talukdar, J. - The appellant, Mr. Subhasis Bandyopadhyay (for short the appellant) was working as Head Cashier under the Respondents/Central Bank of India (for short the Bank) at the New Alipore Branch. For alleged acts of defalcation of money through use of fictitious accounts and vouchers totalling to around Rs. 15.80 lacs during his tenure as Head Cashier of the Bank (supra), a Departmental Enquiry(DE) was instituted by the Disciplinary Authority (DA) of the Bank against the appellant (hereinafter also referred to as the Charged Officer or, simply as the CO).

2. The DE eventually reached the conclusion of Dismissal of the appellant/CO from the service of the Bank.

3. Challenging the order of Dismissal, the appellant approached the Hon'ble Court through a Writ Petition principally, to completely set aside the DE culminating in the order of Dismissal and affirmed by the Appellate Authority (AA) of the Bank.

4. The Hon'ble Single Bench dismissed the writ petition by, inter alia, holding that the primary charge against the appellant/the writ petitioner/CO of defalcation of money stood proved from the documentary evidence on record, inclusive of two primary Management

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