JUDGMENT :

Krishna Rao, J.

1. The plaintiff has filed the instant suit challenging the order of dismissal of the plaintiff from service dated 19th November, 2010 and prayed for reinstatement in service with all back wages along with enhancement and prerequisites.

1. FACTS OF THE CASE:

2. The plaintiff was appointed as Manager in the Axis Bank Limited previously known as UTI Bank Limited by an order dated 15th May, 2002 and was posted in one of the branches of Kolkata. In the year 2004, the plaintiff was promoted to the post of Assistant Vice-President and was transferred to Siliguri Branch. The plaintiff was again promoted to the post of Vice President and was transferred to Shayambazar Branch.

3. The defendant bank had received a complaint from one customer of the bank of Siliguri Branch and the defendant bank had conducted investigation of Siliguri Branch as well as Shyambazar Branch. During the investigation, the plaintiff was placed under suspension by order dated 30th October, 2009. After investigation, it was found that the plaintiff while posted as Branch Head of Siliguri Branch and Shyambazar Branch, the plaintiff had not conducted his duty as per the system and procedure laid down by the bank. It was also found that the plaintiff did not effectively supervise the appearance of the bank and had furnished incorrect and improper instructions to the colleagues. It was also found that the plaintiff has also committed various irregular and fraudulent acts.

4. On receipt of investigation report, the defendant bank had initiated disciplinary proceedings against the plaintiff by issuing show cause notice dated 3rd May, 2010 and the said notice was received by the plaintiff on 6th May, 2010. The plaintiff has submitted reply. The Disciplinary Committee had considered the reply submitted by plaintiff but found not satisfactory. By an order dated 19th November, 2010, the defendant bank had dismissed the plaintiff from service in terms of Rule 11.1(b) wrongly typed as (b) it is to be (a) of the Bank Staffs Rule.

5. Being aggrieved with the order of dismissal, the plaintiff had preferred an appeal before the Appellate Authority and by an order dated 28th April, 2011, the appeal was rejected.

2. SUBMISSIONS OF THE PLAINTIFF:

6. Mr. Rupak Ghosh, Learned Advocate, representing the plaintiff submits that when the plaintiff was posted at Siliguri Branch, at the relevant point of time the said Branch of the bank was utterly mismanaged and was major source of concern for the higher authorities of the defendant bank and thus the plaintiff was assigned with the task of improving the dismal condition prevailing in the Siliguri Branch. Mr. Ghosh submits that the plaintiff being the Head of the Siliguri Branch with effect from 12th June, 2004 to 7th June, 2008, the plaintiff worked immensely hard to improve the condition of the bank.

7. Mr. Ghosh submits that as a result of hard work of the plaintiff within the short span of time, the business of the said Branch of the defendant bank rose sharply and improvement in level of efficiency in the service rendered to its customers. The said Branch was rewarded with audit rating of “AA” and the said rating was retained by the said branch of the bank in two subsequent audits held in 2006 and 2008 respectively.

8. Mr. Ghosh submits that on 30th June, 2009, the plaintiff had received an email from the defendant bank and at that point of time, the plaintiff was posted as Vice President of Shyambazar Branch wherein the plaintiff was directed to visit Siliguri Branch to assist investigation being carried out by one Shri Dipanjan Chaterjee, Vice President (Audit Compliance) and accordingly on 1st July, 2009, the plaintiff visited Siliguri Branch to assist the investigation. Mr. Ghosh submits that in course of investigation, it was transpired that during the last six months tenure of the plaintiff as Branch Head at Siliguri and even thereafter money from the account of M/s Nanu Shome & Co. had been transferred to diffe