Biplab Kumar Sharma, J.

1. The petitioner is aggrieved by the Annexure-17 order dated 1st February, 2010 by which, pursuant to a departmental proceeding, he has been dismissed from service. He is also aggrieved by the Annexure-19 order dated 28th February, 2011 of the departmental appellate authority, declining to interfere with the order of dismissal passed by the disciplinary authority. The petitioner while was serving in the respondent Bank was placed under suspension vide Annexure-1 order dated 16th March, 2009. As the petitioner him self has stated in the writ petition (paragraphs 5 and 6), there was incident of misappropriation of depositors money. As stated in paragraph 5 of the writ petition, after the transfer of one Shri Karuna Kanta Das, Head Cashier of the respondent Bank, who was working alongwith the petitioner in the particular Branch (Maharipara Branch), the depositors' could come to know that the money deposited in their Bank accounts for which due receipts were also given, in fact was not deposited. The aforesaid order dated 16th March, 2009, placing the petitioner under suspension was followed by the Annexure-2 memo of charge dated 16th April, 2009, alleging against the petitioner misappropriation of depositors' money in collusion with the said co-employee, namely, Shri Karuna Kanta Das. In response to the same, the petitioner submitted his explanation dated 27th April, 2009 (Annexure-3). For a ready reference, the charge memo dated 16th April, 2009 and the reply of the petitioner dated 27th April, 2009 are quoted below:--

"1. Mr. Barman had been found to have colluded with Mr. Karuna Kanta Das, formerly Head cashier 'E' of Maharipara Branch (under suspension) who has receiving the cash from Bank's customers on various dates, but did not enter into cash scroll and did not deposit such cash into Bank's Coffer, whereas he used to hand over stamped and initiated counterfoil of pay-in-slip to the tendered of deposit to convince the depositors that their money was properly deposited in their respective accounts. Mr. Barman as such had helped Mr. K.K. Das 'Head Cashier (U/S) for misappropriation of customers Deposit for his/or their mutual personal benefit causing distrustful act and cheating the customers of the Bank. Such acts on the part of Mr. Barman caused huge pecuniary losses to the Bank apart from tarnishing the reputation/image of the Bank in the eyes of the public.

2. Mr. Barman remained instrumental for making personal payment to the customers by receiving cash from Karuna Kanta Das, former Head cashier (under suspension) Maharipara Branch which proved that he had colluded with the Head cashier (u/s)n for his personal gain/benefit."

"To,

Date-27.4.09

The Branch Manager,

Central Bank of India,

Maharipara Branch.

Reg: Alleged act of pecuniary irregularities to the detriment of Bank's interest.

Ref: Bank's Memorandum No. BM/MAHARI/GUWA/09-10/02 Dated: 16.04.2009.

Respected Sir,

I Sri Dambarudhar Barman, CTO, Maharipara Branch (under suspension), do acknowledge receipt of your above referred memorandum and noted the contents therein and doing so do submit my explanations there against as sought by you.

That Sir, as alleged by you vide your MEMO dated 16.04.2009, I never colluded with Mr. Karuna Kanta Das, HC (under suspension) in any of his actions. But as Mr. Das happened to be my colleague, on the strength of such relation I had to assent to his request.

While on 12.03.2009, the proprietor of M/S Jhuma Store and M/s. Jonali Suta Bhandar, came to our branch to withdraw money from their CD accounts, they found that the amounts deposited by mem earlier were not duly credited to their accounts. This was brought to the notice of the Branch Manager immediately whereupon the BM advised the parties to lodge a written complaint stating the matter. The said two clients did comply with Branch Manager's advice and a