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2004 Supreme(Gau) 74

BIPLAB KUMAR SHARMA
Biren Borah – Appellant
Versus
United Bank of India – Respondent


Advocates Appeared:
For Appellant/Petitioner/Plaintiff: A. Roy, Adv.
For Respondents/Defendant: S. Dutta, Adv.

JUDGMENT

B.K. Sharma, J.

1. Proportionality of the punishment of removal from service imposed on the petitioner is the subject matter of dispute raised in this writ petition.

2. The petitioner while he was serving as Cash-cum-General Clerk at Dhekial Branch of the United Bank of India was charge sheeted by a letter dated May 4, 2001. The allegations levelled against the petitioner are as follows:

"You were working as Cash-cum-General Clerk at Bank's Dhekial Branch during the period from November 10, 1992 to June 8, 2000. On April 6, 1998, you had fraudulently credited a sum of Rs.1,00,000.00 to your S.B. Account No. 600 with Dhekial Branch as "by HBL" in connivance with Shri Binay Barman Sangma, Manager of the Branch who authenticated the said entry. You have also entered an identical amount of Rs.1,00,000.00 in the Day's Sub-Cash Book under the head "Demand Loan" without creating any corresponding Loan Account, to suppress your above fraudulent entry, in Branch Day's Accounts, for your personal gain and purpose. You withdrew and misappropriated the said amount on different dates for your personal gains and purposes.

On May 4, 1998, you fraudulently credited a sum of Rs.50,000.00 to you






































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