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2023 Supreme(Gau) 507

SUMAN SHYAM
Manish Purkayastha Alias Monish Purkayastha S/o. Lt. Mahindra Kr. Purkayastha – Appellant
Versus
Union Bank Of India, Rep. Herein By Its Chairman and Managing Director – Respondent


Advocates Appeared:
For the Petitioner: Mr. S. Borthakur.
For the Respondent: Mr. S. Chakraborty.

JUDGMENT :

1. Heard Mr. S. Borthakur, learned counsel for the writ petitioner. Also heard Mr. M. Sharma, learned counsel representing the respondent Bank.

2. The order of penalty of compulsory retirement from service, dated 21-04-2011, imposed upon the petitioner has been challenged in the present writ petition, inter-alia, on the ground that the penalty is shockingly disproportionate to gravity of the alleged misconduct.

3. The petitioner’s case, in a nutshell, is that he was an employee of the Union Bank of India. While serving as the Branch Manager of Tezpur Branch, a departmental proceeding was initiated against the petitioner on the following charges:-

    1. Failure to take all possible steps to ensure and protect the interest of the Bank.

2. Failure to discharge his duties with utmost devotion and diligence.

3. Failure to discharge his duties with utmost honesty and integrity.

4. Acting otherwise than in his best judgment in the performance of his official duties.

4. Although the writ petitioner had denied the charges brought against him by contending that the alleged manipulation of accounts and payment of gratification made by him was for the purpose of business development, the

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