Gauhati High Court
Page No.# 1/8 vs The Assam Gramin Vikash Bank And 8 Ors on 24 March, 2026
Page No.# 1/8
GAHC010161872021
REPORTABLE
2026:GAU-AS:4239
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/5430/2021
PRATIBHA DEVI
W/O- LT. MUKUT CHANDRA SARMA, R/O- VILL- DATALPARA, BALORAM
PATH, P.O. DHIRENPARA, DIST.- KAMRUP (M), ASSAM
VERSUS
THE ASSAM GRAMIN VIKASH BANK AND 8 ORS
A JOINT UNDERTAKING OF THE GOVT. OF INDIA, GOVT. OF ASSAM AND
UNITED BANK OF INDIA HAVING ITS HEAD OFFICE AT G.S.ROAD,
BHANGAGARH, GHY-05, DIST.- KAMRUP (M), ASSAM
2:THE CHAIRMAN
THE ASSAM GRAMIN VIKASH BANK
HEAD OFFICE
G.S.ROAD
BHANGAGARH
GHY-05
DIST.- KAMRUP (M)
ASSAM
3:THE GENERAL MANAGER
THE ASSAM GRAMIN VIKASH BANK
HEAD OFFICE
G.S.ROAD
BHANGAGARH
GHY-05
DIST.- KAMRUP (M)
ASSAM CUM DISCIPLINARY AUTHORITY
4:THE SENIOR MANAGER
THE ASSAM GRAMIN VIKASH BANK
HEAD OFFICE
G.S.ROAD
Page No.# 2/8
BHANGAGARH
GHY-05
DIST.- KAMRUP (M)
ASSAM CUM ENQUIRY OFFICER
5:THE MANAGER CUM PRESENTING OFFICER
THE ASSAM GRAMIN VIKASH BANK
HEAD OFFICE
G.S.ROAD
BHANGAGARH
GHY-05
DIST.- KAMRUP (M)
ASSAM
6:THE REGIONAL MANAGER
ASSAM GRAMIN VIKASH BANK
REGIONAL OFFICE
NALBARI
P.O. NALBARI
P.S. NALBARI
DIST.- NALBARI
ASSAM
7:THE MANAGER
ASSAM GRAMIN VIKASH BANK
GARUKHUTI BRANCH
DARRANG
ASSAM
8:THE CHIEF MANAGER (PERSONNEL)
ASSAM GRAMIN VIKASH BANK
HEAD OFFICE
G.S.ROAD
BHANGAGARH
GHY-05
DIST.- KAMRUP (M)
ASSAM
9:THE BRANCH MANAGER
ASSAM GRAMIN VIKASH BANK
NALBARI BRANCH
NALBARI
ASSA
Advocate for the Petitioner : MR. J I BORBHUIYA, MR S PAUL,MR. L MOHAN,MRS. K H
CHOUDHURY,MS F BEGUM
Advocate for the Respondent : SC, A G V B, MR. S DUTTA,MR. S DUTTA
Page No.# 3/8
BEFORE
HONOURABLE MR. JUSTICE RAJESH MAZUMDAR
ORDER
24.03.2026 Heard Mr. J.R. Borbhuiya, learned counsel for the petitioner. Also heard Mr. S. Dutta, learned Senior Counsel assisted by Ms. S. Mochahari, learned counsel for all the respondents.
2. The grievance in this writ petition is with regard to the disciplinary proceeding initiated against the husband of the petitioner through the memorandum of charges issued on 02.12.2019 labeling different charges against the husband of the petitioner who was at that point of time discharging the duties of an Assistant Manager under the respondent bank. The enquiry proceedings culminated in an enquiry report to which the husband of the petitioner had filed a written submission. The disciplinary authority had, thereafter by an order dated 07.09.2020, imposed the punishment of dismissal from service on the husband of the petitioner. The order of dismissal is quoted below for ready reference:
"AGVB/VIG/100/17/2020-21 Date: 07.09.2020
"CONFIDENTIAL"
From:
The General Manager &
Disciplinary Authority
Assam Gramin Vikash Bank
Head Office, G.S. Road, Bhangagarh
Page No.# 4/8
Guwahati-781005
To:
Sri Mukut Chandra Sarma, Asstt. Manager (u/s)
( Ex-Branch Manager, Garukhuti Branch)
SPF No. 962/641
Assam Gramin Vikash Bank, Nalbari Branch
Home Address: VIII. Datalpara (Baloram Path)
P.O. Dhirenpara-781025, Dist. Kamrup (M)
Dear Sir,
A departmental enquiry was held to enquire into the charges framed against you in the Bank's letter of charge no. AGVB/VIG/18/31/2019-20 dated 02.12.2019 observing the principles of natural justice. Reasonable opportunities were given to you at the sald enquiry for taking proper defence and you also participated in the enquiry.
I have carefully perused the records of the enquiry, day-to-day proceedings, evidences adduced, briefs of both sides, findings of the Enquiry Officer and your submission thereon. I concur with the findings of the Enquiry Officer and satisfied with the evidences recorded at the enquiry and have come to the conclusion that all the charges levelled against you have been proved and established beyond doubt.
After considering the facts and circumstances of the case, the gravity of the proved misconduct and your past records, I impose upon you, the under noted major penalty in terms of Regulation 39.1 (b) of Assam Gramin Vikash Bank (Officers & Employees) Service (Amendment) Regulations, 2018 with Immediate effect.
"Dismissal"
Yours faithfully, General Manager & Disciplinary Authority"
3. To this order of dismissal, the petitioner's husband had submitted an appeal under Regulation 49 of the Assam Gramin Vikash Bank (Officers and Page No.# 5/8 Employees) Service (Amendment) Regulation, 2018. The records annexed to the additional affidavit filed by the petitioner in the writ petition reflect that the appeal had been put up before the appellate authority by an office note dated 19.08.2021 and by a short note to the effect "Decision of DA is logical. Appeal not to be considered.", the Chairman had directed that the appeal was not required to be considered. It is also a matter of record that the husband of the petitioner had expired on 18.07.2021 prior to the appeal being taken up on record by the respondent authorities and prior to the disposal of the appeal. Therefore, the issue of the husband of the petitioner to have challenged the appellate proceedings could not arise. The petitioner had served a legal notice upon the respondent authorities on 16.08.2021 and it is only thereafter that the proceedings in the appeal had been taken up. The legal notice had quoted the factum of the death of the husband of the petitioner.
4. Although, elaborate arguments have been advanced by the learned counsel appearing for the petitioner regarding the manner in which the enquiry proceedings have been conducted and it had also been submitted that the husband of the petitioner had been illegally and unlawfully terminated from his services, denying the petitioner, her right to pensionary benefits of her husband, this Court notices, without going into the detailed arguments, that it is apparent that the order of dismissal issued by the disciplinary authority had merely concurred with the findings of the enquiry officer and was satisfied with the evidence recorded by the enquiry and had come to a conclusion that the charges against the petitioner stood proved.
5. The order of the disciplinary authority does not record that any of the Page No.# 6/8 defence put up by the husband of the petitioner against the findings of the enquiry officer had been considered prior to passing the order of dismissal. The husband of the petitioner had been imposed the drastic punishment of dismissal from service after having served for a period of more than 34 years. The cursory manner in which the departmental proceedings had been brought to an end, in the opinion of this Court, cannot be sustained in law. This Court has also noticed the manner in which the appeal of the petitioner had been disposed of by directing that the appeal itself need not be considered. It was noted by the appellate authority that the decision of the disciplinary authority was logical. The order of the disciplinary authority being a three paragraph order without discussing the grounds taken up by the husband of the petitioner, in the opinion of this Court, cannot be termed to be a logical order by any stretch of imagination.
6. Although the learned counsel for the petitioner had elaborated upon different aspects of the matter to persuade this Court to adjudicate upon the legality and the validity of the disciplinary proceedings itself, since this Court has come to a conclusion that the order of the disciplinary authority cannot be sustained in the manner in which it exists on record as of today and also in view of the fact that the appellate authority had acted without applying due mind to the appeal, this court is not adjudicating the contentions raised by the learned counsel for the petitioner, which were controverted by the learned Senior Counsel appearing for the respondents. Rather, this Court deems it fit to remand the matter back to the disciplinary authority, namely the General Manager of the Assam Gramin Vikash Bank to pass fresh orders on the enquiry proceedings taken up against the husband of the petitioner.
Page No.# 7/8
7. It is directed that the disciplinary authority would pass fresh orders on the disciplinary proceedings conducted against the husband of the petitioner without reference to the earlier order dated 07.09.2020 and the order dated 25.08.2021 passed by the Chairman in the appeal filed by the husband of the petitioner. The order disposing the enquiry proceedings shall contain appropriate reasons. It is provided that in the event the disciplinary authority comes to a conclusion that the petitioner was not guilty of the charges levelled upon him during the fresh consideration be given, the disciplinary authority shall also elaborate the relief which would now be available to the wife of the deceased employee. In case the disciplinary authority comes to a finding detrimental to the services of the husband of the petitioner, the same shall also be intimated to the petitioner within a period of 15 days from the date of passing of the orders. As an exceptional case this court grants the liberty to the petitioner herein to prefer appeal against any of the orders passed by the disciplinary authority, if so required.
8. The order dated 07.09.2020 passed by the General Manager, Assam Gramin Vikash Bank imposing the punishment of dismissal from service upon the husband of the petitioner and the impugned order dated 25.08.2021 passed by the Chairman on the appeal filed by the husband of the petitioner are set aside and quashed. The writ petition is allowed to the extent indicated herein above.
9. The consideration to be given by the disciplinary authority shall be done within a period of two months from the date of receipt of a certificate copy of this order. The petitioner would be at liberty to file an appeal against any of the Page No.# 8/8 orders passed by the disciplinary authority, either claiming further entitlements, if the order is in favour of the petitioner, or to challenge the order of the disciplinary authority, if the same is against the husband of the petitioner within a period of two months from the date of receipt of a copy of the order of the disciplinary authority. The appeal, if any filed, would be considered within a period of 90 days from the date of receipt of the appeal from the petitioner.
10. The original record of the enquiry proceedings will be returned forthwith to Ms. S. Mochahari with proper receipt.
11. The writ petition is disposed of.
12. No order as to cost.
JUDGE Comparing Assistant