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2016 Supreme(Jhk) 923

PRAMATH PATNAIK
Md. Salahuddin Azad son of Md. Shahabuddin – Appellant
Versus
Bank of India through its Chairman-cum-Managing Director, Bandra (East), Mumbai – Respondent


Advocates Appeared:
For the Petitioner:M/s. M.A. Khan and N.K. Sahani, Advocates.
For the Respondents:M/s. A. Allam, Sr. Advocate, Nehala Sharmin, Advocates.

ORDER :

Pramath Patnaik, J.

In the accompanied writ application, the petitioner has sought for quashing the order dated 27.04.2006, pertaining to dismissal from services and the order dated 02.02.2007, passed by the appellate authority and has sought for writ in the nature of mandamus commanding upon the respondents to reinstate the petitioner to his post with consequential benefits.

2. The factual matrix, as delineated in the writ application, in a nutshell, is that when the petitioner was continuing as a Head Cashier (Category-'E'), Bank of India, Baghmara Branch he was placed on suspension for gross misconduct alleged to have been committed by him for fraudulent withdrawal of amounts from the SB Accounts of different account holders in contemplation of initiation of disciplinary action. The petitioner was served with memorandum of charge-sheet containing five charges for gross misconduct of doing act prejudicial to the interest of the Bank within the meaning of Clause 5 (j) of the bipartite settlement, dated 10.04.2002, as is evident from Annexure-2 to the writ application. In pursuance to the charge-sheet, the enquiry was initiated against the petitioner and the enquiry officer su
































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