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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
Ashutosh Kumar, Arun Dev Choudhury
Nilendu Dutta, S/o. Lt. Nikhil Ranjan Dutta – Appellant
Versus
Assam Gramin Vikash Bank Rep. By Its Chairman – Respondent
JUDGMENT :
Arun Dev Choudhury, J.
1. Heard Mr. B. Purkaystha, learned counsel for the appellant, and Mr. A. Ganguly, learned counsel, as well as Mr. A. Dhanuba, learned counsel for the respondents.
2. The present intra-court appeal is filed against the judgment and order dated 14.05.2024 passed by the learned Single judge in WP(C) No. 3368/2014, whereby the challenge made by the appellant to the order dated 30.12.2013 dismissing him from service and the appellate order dated 03.04.2014 upholding such dismissal were negated.
3. The appellant, who was serving as a Clerk-cum-Cashier under the respondent bank, was departmentally proceeded for alleged misappropriation of the bank’s money to the tune of Rs. 5,87,675/-.
4. The basic ground of challenge projected by the appellant, firstly was that the appellant was not given any effective opportunity to cross-examine the witnesses; secondly that though three other officers of the bank were charged on the same allegation, no common enquiry was held in derogation of the Regulation 42 of the Assam Gramin Vikash Bank Officers and Employees’ Service Regulations, 2010; thirdly, unlisted witnesses were examined by the employer bank to the surprise of
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