GUWAHATI, India, Dec. 23 -- Gauhati High Court issued the following order on Nov. 24:

1. Heard Mr. S. Chakraborty, learned counsel for the petitioner and also heard Mr. M. Sharma, learned counsel appearing for the respondents.

2. This writ proceeding, under Article 226 of the Constitution of India, is instituted by Shri Gautam Roy with the following prayers:-

(i) For setting aside and quashing the Enquiry Report dated 28.07.2022 [Annexure-7] and the impugned order of punishment, dated 17.10.2022 [Annexure- 8];

(ii) For setting aside and quashing the order dated 10.05.2023, passed by the Appellate Authority [Annexure-10];

(iii) For issuing direction to the respondent Bank to reinstate the petitioner with all consequential benefits including back wages.

Background Facts:-

3. The background facts, leading to filing of the present petition are briefly stated as under:-

"The petitioner had initially joined Allahabad Bank, Titaguri Branch as part time sweeper (PTS) in the year 1987. Thereafter, on 01.12.2001, he was brought under the Pay Roll of the Bank in the same Branch as part time sweeper on 1/3 scale of sub staff in permanent capacity. On successfully clearing the departmental test conducted by the Bank for the post of clerk, he was promoted and appointed as Single Window Operator, vide order dated 10.03.2010, and posted at Gamerimura Branch, Boko and he joined on 22.03.2010, in terms of the order of appointment, dated 10.03.2010. Thereafter, he was promoted to the post of Head Cashier and joined his duties at North Lakhimpur Branch on 20.03.2012. In the year 2013, he was made Special Assistant and he continued to perform his duties in the same Branch. Thereafter, Allahabad Bank was merged with Indian Bank vide Government of India Gazette Notification No. 133 (GSR-156 E) dated 04.03.2020 and since then, the petitioner became an employee of Indian Bank.

While serving as Special Assistant at North Lakhimpur Branch, the petitioner was placed under suspension, vide order dated 22.11.2021, issued by the Assistant General Manager, Zonal Office, Dibrugarh. Thereafter, the Zonal Manager had issued show cause notice, dated 08.12.2021, to him stating inter-alia, that while he was discharging duties in the cash counter, he did not deposit customer's money to their accounts on the date of receipt of the deposits received from the customers and thereby misappropriated a sum of Rs. 8,69,430/- in 105 numbers of accounts as per the list enclosed. It was further alleged that after the matter of misappropriation of cash was highlighted, he committed fraudulent activity by crediting money in 105 numbers of accounts on 10.11.2021 and 18.11.2021, for total amount of Rs. 8,69,430/- by writing deposits slips on his own.

The petitioner then submitted his reply on 07.01.2022, denying the allegation leveled against him as no complaint was received by the bank, and as such the allegation of misappropriation is not correct. He also denied the fact of writing the deposit slips.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=tuqye3PhFs%2BBDn75ghiOpBWlkAn2t%2FlxUSyelHO3yTR5NyfpVEfvIoNjimQXlW5b&caseno=WP(C)/3987/2023&cCode=1&cino=GAHC010152842023&state_code=6&appFlag=)

Disclaimer: Curated by HT Syndication.