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2014 Supreme(Gau) 257

HRISHIKESH ROY
HEM CHANDRA CHUTIA – Appellant
Versus
ASSAM COOPERATIVE APEX BANK LTD. – Respondent


Advocates Appeared:
For the Petitioner:Mr. S. Kataki, Mr. R. Dhar, Mr. T. Dhar, Ms. M. Das, Advocates.
For the Respondents:Mr. P.N. Goswami Mr. Y.S. Mannan, Advocates.

JUDGMENT (ORAL)

Heard Mr. S. Kataki, the learned counsel appearing for the petitioner. The respondents Assam Cooperative Apex Bank Ltd. (hereinafter referred to as the Apex Bank) and its Managing Director is represented by advocate Mr. PN Goswami.

2. The petitioner is a former employee of the Apex Bank and he challenges the order dated 29.11.1999 (Annexure-VI), whereby he was dismissed from service in pursuant to a disciplinary proceeding. Previously a departmental proceeding was drawn up against the delinquent through the charge memo dated 23.12.1997 (Annexure-I) alleging misconduct and gross irregularities during the delinquent’s tenure as the Accountant of the Tinsukia Branch of the Apex Bank from 29.12.1993 to 27.07.1996.

3. The charges in essence alleged that the delinquent committed irregularities in disbursal of Medium Term Loans for vehicle purchase. The statement of allegations being relevant, are extracted hereinbelow for ready reference :-

STATEMENT OF ALLEGATION OF CHARGE NO.1 :

That as per clause 13 of H.O. letter dt. 28-10-91 “all loan proposals should be forwarded to H.O. by the Branch in charge only and not by any staff Subordinate to him. In case of temporary absenc






























































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