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2024 Supreme(Cal) 999

DEBANGSU BASAK, MD. SHABBAR RASHIDI
Punjab National Bank – Appellant
Versus
Avik Kumar Sinharay – Respondent


Advocates Appeared:
For the Appellant : Mr. R.N Majumder, Mr. S.M. Obaidullah.
For the Respondents: Mr. Soumya Majumdar, Md. Zohaib Raut, Mr. Ajitesh Pandey.

JUDGMENT :

Debangsu Basak, J.

1. Two appeals have been heard analogously as they emanate out of the same impugned judgement and order.

2. The appeal of the employer has been numbered as APO 66 of 2022 while that of the employee has been numbered as APOT 134 of 2022.

3. Learned advocate appearing for the employer has submitted that, the employee was issued a chargesheet dated January 27, 2017 to which the employee had given a reply dated February 14, 2017. Employee had challenged the disciplinary proceeding in a writ petition being WP 21662 (W) of 2016 which was disposed of by an order dated August 8, 2017 by directing the employer to conclude the departmental proceedings upon compliance with the principles of natural justice.

4. Learned advocate appearing for the employer has submitted that the enquiry officer submitted a report dated November 15, 2017 and held all charges levelled against the employee in the chargesheet dated January 27, 2017 were proved. Employee had submitted written submissions with regard to the enquiry report. The disciplinary authority had passed an order dated December 30, 2017 imposing the penalty of dismissal from service. Employee had preferred an appeal ther

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