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SANDEEP MEHTA, SOUMITRA SAIKIA
Swapna Kalita, W/o. Prafulla Kumar Baruah – Appellant
Versus
Assam Gramin Vikash Bank – Respondent
JUDGMENT :
Soumitra Saikia, J.
This writ appeal is directed against the Judgment and Order dated 06.08.2018 passed by the learned Single Judge in W.P.(C) No. 2897/2013.
2. The appellant was initially appointed to the post of Office Assistant (multi-purpose) at Hatisung, Assam Gramin Vikash Bank (hereinafter referred to as “AGV Bank”) branch in the District of Nagaon on 01.06.1990. After rendering service in different branches of the AGVB, the appellant was posted at the Morigaon Branch in the same capacity at the relevant point in time. While, she was serving in the Morigaon Branch of AGVB, she was served with a letter dated 23.03.2011 issued by the respondent No. 4, calling upon her to submit her explanation in respect of an amount of Rs. 1,00,000/- (Rupees One Lakh Only) which it was claimed was misappropriated by the appellant for the period from 21.02.2011 to 17.03.2011. Pursuant to the said letter, the appellant submitted her explanation denying the allegations leveled against her in her reply dated 25.03.2011. On the same date, by another communication dated 25.03.2011, the Chairman and the Disciplinary Authority of the Bank placed the appellant under suspension in contemplation
The court emphasized the bank's loss of confidence in the appellant and upheld the punishment of compulsory retirement, citing the appellant's failure to follow banking procedures and exercise honest....
Gross misconduct” has been resorted to by the acts or omissions on the part of the appellant and the punishment of “Compulsory Retirement” imposed by the bank authority is not disproportionate.
Bank employees are required to maintain absolute integrity and uprightness in dealing with customer funds, and any misconduct in handling public money must be dealt with firmly.
The court upheld the disciplinary proceedings and the penalty imposed, but modified the penalty from removal from service to compulsory retirement, considering the nature of the petitioner's role and....
Distinct allegations against employee charged in the same transaction would be justified being based on a valid classification and no perversity or arbitrariness can be alleged in the process.
Disciplinary proceedings must be substantiated with oral evidence; reliance solely on documents, without testimonial support, renders findings invalid.
Financial misconduct by postal GDS proved by documents and admissions justifies removal from service; no leniency despite repayment, as integrity in public money handling demands strictness; courts i....
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