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2023 Supreme(Cal) 918

PARTHA SARATHI CHATTERJEE
Uttam Batabyal – Appellant
Versus
Paschim Banga Gramin Bank – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Debabrata Saha Roy, Indranath Mitra, Subhankar Das, Neil Basu.
For the Respondent: Baidurya Ghoshal.

JUDGMENT :

PARTHA SARATHI CHATTERJEE, J.

1. The conundrum posited in this writ petition is whether the disciplinary proceeding contemplated against the writ petitioner after he demitted his office is tenable or not.

2. For better appreciation of the issue of law emerging out of obtaining factual matrix, the necessitous facts required to be adumbrated are that the petitioner joined as Junior Clerk-cum- Cashier on 23.11.1983 in Howrah Gramin Bank. In 1987, he was promoted to the post of Field Supervisor (subsequently, redesignated as Scale-I Officer) and in 2000, he was promoted to Scale-II Officer. In 2012 he was posted at Batore Branch. The petitioner retired from his service on attaining the age of superannuation on 31.12.2016.

3. Howrah Gramin Bank, Burdwan Gramin Bank and Mayurakshi Gramin Bank were constituted under the Regional Rural Bank Act, 1976 and by virtue of a notification vide. dated 26.2.2007, issued by the Ministry of Finance, Department of Economic Affairs (Banking Divn.), Government of India, the aforesaid three banks were amalgamated to a single bank, namely, PBGB and it started functioning under the sponsorship of UCO Bank and under the guidance and control of the Go

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