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2023 Supreme(Jhk) 329

SANJAYA KUMAR MISHRA, ANANDA SEN
Bank of India through Zonal Manager – Appellant
Versus
Angshu Gupta – Respondent


Advocates Appeared:
For the Appellants : Mr. A. Allam, Mr. A.K. Sahay and Ms. Asfiya Sultana.
For the Respondent: Mr. Anil Kumar Sinha, Mr. Krishna Shankar.

ORDER :

(Ananda Sen, J.)

1. This intra-court appeal under Clause 10 of the Letters Patent is filed by the appellant-Bank, challenging the order dated 11.08.2021 passed in W.P.(S) No. 1985 of 2015, whereby, the punishment order as well as the appellate order in the departmental proceeding has been set aside by the learned Single Judge.

2. The appellant, herein, is the Bank of India (hereinafter to be referred as ‘Bank’), who is respondent before the learned Single Judge. The Original writ petitioner was working as a staff Clerk-cum-Computer Terminal Operator (CTO) under the appellant-Bank. A departmental proceeding was initiated against him. Chargesheet dated 15.11.2013 was issued against him under two heads, which are as follows:-

    Charge No.I

You opened 74 KCC loan accounts in the system, as mentioned hereinbelow, which were sanctioned by Shri C.S.Biswas and S.K.Sardar respectively during their tenure as 2nd line officials in the Branch. You were aware that neither Shri Biswas nor Shri Sardar were having any authority to sanction these loan accounts, inasmuch as only the Branch Manager was having the delegated power to sanction such loans, still you opened the loan accounts in the sys

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