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2024 Supreme(Cal) 700

AMRITA SINHA
Kamruzzaman – Appellant
Versus
State of West Bengal – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Nripen Das, Adv., Mr. Debanjan Das, Adv.
For the Respondent: Mr. Hirak Barman, Adv. Mr. Momenur Rahman, Mr. Sudipto Majumder, Sr. Adv., Mr. Tapas Ch. Bhattacharya, Adv. Mr. Ajoy Kumar Singhania, Adv.

JUDGMENT :

Amrita Sinha, J.

1. The petitioner was employed with the Sonali Bank Limited. He was appointed in the year 2005 and confirmed in service in the year 2006. Relying upon an unsigned and undated communication allegedly made by a well wisher a show cause was issued to the petitioner in the month of May, 2022 and the petitioner was directed to show cause why administrative and legal action will not be taken against him as he submitted fake certificate at the time of joining where his date of birth is incorrectly recorded. The petitioner replied to the show cause within the stipulated time period. The employer lodged a complaint before the police and he was arrested and later obtained bail from the learned Court in April, 2023. Charge sheet was filed against the petitioner in January, 2023.

2. The petitioner was suspended on 8th May, 2023. The instant writ petition has been filed by the petitioner on 16th June, 2023 praying for setting aside or revoking the order of suspension. During pendency of the writ petition, the petitioner has been dismissed from service on 29th November, 2023.

3. The grievance of the petitioner is that the bank ought not to have taken steps in response to

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