IMPORTANT POINT
The responsibility of the employee to maintain trust and the principles of natural justice were central to the court's decision.

JUDGMENT :

The proceedings before this Court arise from the impugned order of dismissal by which the petitioner was dismissed from her services by the respondent authority following a departmental enquiry instituted against her and on the basis of the enquiry conducted and the report submitted to the respondent authority.

2. The petitioner was appointed as a Clerk-cum-Typist at SBI, Golaghat Branch on 24.01.1991. Subsequently, she was promoted to the post of Senior Assistant. While she was posted as Senior Assistant at SBI Golaghat Branch, she was served with a show-cause notice dated 06.11.2020 issued by the Assistant General Manager asking her to show-cause why disciplinary action should not be initiated against her based on the allegations made in the said show-cause.

3. As per the allegations made in the show-cause, the petitioner was accused of withdrawing an amount of Rs. 88,000/- (Rupees Eighty Eight Thousand Only) in-total on various dates from the account of one Smt. Sabitri Das without her due knowledge and authorization. The further allegation against the petitioner is with regard to depositing the amount of Rs. 50,000/- (Rupees Fifty Thousand Only) by the petitioner in the account of said Smt. Sabitri Das on 19.09.2009. Pursuant to the complaint lodged by the said Smti. Sabitri Das, who was a customer of the Bank. The third allegations is that the petitioner had withdrawn an amount of Rs. 18,000/- (Rupees Eighteen Thousand Only) from the saving bank account of one Sri Nabin Ch. Dutta of the SBI by forging the signature of the account holder.

4. On receipt of the show-cause notice, the petitioner submitted her reply dated 26.11.2010. In her reply, she denied all the charges. Being dissatisfied with the reply submitted by the petitioner, the disciplinary authority appointed the Enquiry Officer and a Presenting Officer and proceeded with for the purposes of conducting the enquiry.

5. The petitioner participated the enquiry proceedings and she was defended by another employee of the Bank as the defence representative. The Enquiry Officer submitted his enquiry report upon conclusion of the enquiry holding that the charges were partially proved. The disciplinary authority by communication dated 16.02.2012 intimated the petitioner giving her an opportunity to represent against the punishment sought to be imposed by the disciplinary authority on the basis of the enquiry concluded. The petitioner submitted her reply denying the charges. However, the disciplinary authority by order dated 19.03.2012 imposed a major penalty of dismissal without notice, in terms of Memorandum of Settlement on Disciplinary Action Procedure for Workmen dated 10.04.2002. The petitioner preferred an appeal before the appellate authority by her appeal memo dated 18.04.2012 assailing the order of dismissal as well as the enquiry proceedings. The appellate authority by its order dated 23.06.2012 dismissed the appeal by reasoned order. Being aggrieved, the present writ petition has been filed.

6. The learned Senior counsel for the petitioner submits that in terms of the show-cause notice which was issued, none of the charges were proved as per law during the enquiry proceedings. The complainant on whose complaint the proceedings were initiated against the petitioner was never produced in the enquiry proceedings. Consequently, the said complainant one Smt. Sabitri Das, who had lodged a complaint that the petitioner had withdrawn money from her savings account without her due authorization, was never examined or cross-examined in the enquiry proceedings. The learned Sr. counsel appearing for the petitioner submits there was absolutely no material which was available during the enquiry proceedings to prove the guilt of the petitioner in respect of the allegations/charges made against the petitioner in the charge-sheet. It is submitted by the learned Sr. counsel for the petitioner that the Memorandum of Settlement which is referred to in the order of imposition