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2025 Supreme(Gau) 1965

THE GAUHATI HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
N.UNNI KRISHNAN NAIR
Bhupendra Goswami S/o Late Umesh – Appellant
Versus
Assam Co-Operative Apex Bank Ltd. – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. R C Saikia, Ms N Sharma,Ms. N Dey,Mr. M Kalita Advocate
For the Respondent: SC, Apex Bank

ORDER :

N. UNNI KRISHNAN NAIR, J.

Heard Mr. R.C. Saikia, learned counsel for the petitioner. Also heard Mr. J.K. Goswami, learned standing counsel, Apex Bank appearing for the respondents.

2. The petitioner by way of instituting the present proceeding has presented a challenge to the order dated 30-04-2021 by which the Managing Director (MD) of the respondent No. 1/ Bank, in terms of the resolution adopted by the Board of Directors of the Bank, had informed the petitioner that he would be entitled only to the subsistence allowance drawn by him during the period of his suspension.

3. The facts of the case, in brief, requisite for adjudication of the issue arising in the present proceeding is noticed as under:-

The petitioner who was at the relevant point of time functioning as the Branch Manager of the Sualkuchi Branch of the respondent No. 1/ Bank was placed under suspension on detection of certain irregularities occasioning in the Sualkuchi Branch of the respondent Bank. The said order of the suspension of the petitioner was revoked on 24-08-2017 and he was reinstated in his services. However, such revocation of the suspension was without prejudice to the departmental proceeding initi

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