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2012 Supreme(Gau) 815

BIPLAB KUMAR SHARMA
Sasanka Kumar Paul – Appellant
Versus
Assam Co-operative Apex Bank Ltd. – Respondent


Advocates:
Advocate Appeared:
For Appellant/Petitioner/Plaintiff:Mr. S.N. Sharma, Sr. Advocate and Mr. A. Zahid, Advocate
For Respondents/Defendant: Mr. P.N. Goswami, SC, Apex Bank

JUDGMENT

B.K. Sharma, J.

1. Heard Mr. S.N. Sarma, learned Sr. Counsel, assisted by Mr. A. Zahid, learned counsel for the petitioner. I have also heard Mr. P.N. Goswami, learned Standing Counsel, Apex Bank. The petitioner is aggrieved by Annexure-P order dated 27.6.2003, by which, he was imposed with the penalty of dismissal from service with effect from 27.6.2003. Be it stated here that in the normal circumstances, the petitioner was to retire from service on attaining the age of superannuation with effect from 28.6.2003.

2. The petitioner while in service as General Manager, Planning and Development Department of the respondent Bank was served with the show cause notice dated 14.2.2002 (Annexure-A) leveling as many as 16 charges. Along with the show cause notice, statement of allegation in respect of each one of the charges had also been annexed. The charges related to allowing number of drawl exceeding the cash credit limit; irregular recommendation to the sanctioning authority for sanction of additional limits; misleading the sanctioning authority about the actual status regarding the ownership of the particular Tea Estate; connivance with the particular lessee of the particular Te




































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