Shanta Pramanik vs Bangiya Gramin Vikash Bank & Ors
2021 Latest Caselaw 2269 Cal

10   22.03.2021                         MAT 2080 of 2017
AN   Ct. No. 04
                                                 with
                             IA No. CAN 1 of 2020 (Old No. CAN 1869/2020)
                                                 with
                             IA No. CAN 2 of 2020 (Old No. CAN 1870/2020)


                                       Shanta Pramanik
                                            -vs.-
                              Bangiya Gramin Vikash Bank & Ors.


                  Mr. Sanjay Saha
                                           ... for applicant

                  Md. Mokaram Hossain
                  Mr. Sandipan Maity
                                           ... for respondent Bank

Applicant wants setting aside of impugned

order by this application. He was unsuccessful writ

petitioner having had challenged order of dismissal from

service, which would not prevent future employment. Mr.

Saha, learned advocate appears for the applicant and

submits, his client was made a scapegoat.

On query from Court, we have been shown order

dated 15th March, 2012, said to be by the disciplinary

authority (page 3 missing). We reproduce a sentence from

said order dated 15th March, 2012:

"CSE replenished the defalcated amount on 28.06.2011 by way of borrowing from others."

Respondent bank will produce enquiry report and extracts

on the primary entries in its books, regarding

replenishment of defalcated amount, the replenishment

said to have happened on 28 th June, 2011. The disclosure

will be by affidavit. Copy to be served by 1 st April, 2021. The affidavit is to be filed in Court on adjourned date.

We require the above as additional evidence in

this appeal to enable us to pass judgment. Requirement

is because applicant contends, others had repaid the

money.

We record further that parties agree for the

appeal being heard on papers that were before the first

Court, as disclosed in this application and the additional

evidence to be produced. Since the bank has appeard, we

dispense with all formalities including service of notice of

appeal.

List under same heading on 5th April, 2021.

(Arindam Sinha, J.)

(Suvra Ghosh, J.)