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N. UNNI KRISHNAN NAIR
Nila Kanta Saikia, S/o. Late Cheni Ram Saikia – Appellant
Versus
State Of Assam, Represented By The Commissioner And Secretary To The Govt. Of Assam, Home Department – Respondent
Headnote: Read headnote
JUDGMENT :
(N. Unni Krishnan Nair, J.) :
Heard Mr. D. C. K. Hazarika, learned counsel, appearing on behalf of the petitioner. Also heard Mr. B. Deuri, learned Government Advocate, appearing on behalf of respondents No. 1 & 2. However, none has appeared on behalf of respondents No. 3 to 9/Indian Bank authorities.
2. The challenge in the present proceeding is to an order, dated 10.03.2010, issued by the Assistant General Manager and disciplinary authority, Indian Bank, imposing the penalty of dismissal from service upon the petitioner.
3. The facts, in brief, requisite for adjudication of the issue arising in the present proceeding, is noticed, as under:
The petitioner, herein, was appointed as a Peon in Hatipukhuri Branch, Indian Bank, Nagaon, on 28.06.1985. The respondent No. 9, herein, had lodged a written complaint on 29.04.2008 with the respondent No. 8 i.e. Branch Manager of Hatipukhuri Branch, Indian Bank, Nagaon, alleging that Rs. 1,50,000/-(Rupees One Lakh Fifty Thousand) was withdrawn from his Bank Account without his knowledge. On the followi
The court affirmed that an acquittal in a criminal case does not preclude disciplinary action if misconduct is proven in a departmental inquiry.
Bank employees must maintain high standards of integrity; misconduct leading to loss of confidence justifies disciplinary penalties.
Bank officials accused of serious financial misconduct are expected to discharge their duties with utmost integrity and honesty, and the punishment imposed by the Disciplinary Authority cannot be sub....
The court emphasized the limited scope of judicial review in disciplinary proceedings, highlighting the discretionary power of the disciplinary authority to impose appropriate punishment and the impo....
Disciplinary dismissal based on financial misconduct was set aside due to lack of fair process and the employee's prior acquittal in criminal proceedings regarding identical charges.
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