Debasish Bhattacharjee vs The Bank Of Boroda And Anr
2022 Latest Caselaw 3356 Gua

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GAHC010171352022




                              THE GAUHATI HIGH COURT
   (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                                 Case No. : WP(C)/5722/2022

            DEBASISH BHATTACHARJEE
            S/O- LATE HARIPADA BHATTACHARJEE, EX-SPECIAL ASSISTANT, VIJAYA
            BANK SILCHAR BRANCH, R/O- FLAT NO. 202, TAMANNA ENCLAVE, R.K.
            MISSION ROAD, UDAYPUR, BIRUBARI, GUWAHATI-781016.



            VERSUS

            THE BANK OF BORODA AND ANR
            (FORMERLY THE VIJYA BANK) A GOVT. OF INDIA UNDERTAKING
            REPRESENTED BY ITS CHAIRMAN HAVING ITS HEAD OFFICE AT BORODA
            BHAVAN, R.C. ROAD, ALOKPURI, BARODA, GUJARAT, PIN- 390007.

            2:THE GENERAL MANAGER
             PERSONNEL DEPARTMENT (IRD)
             BANK OF BORODA
             BORODA BHAVAN
             R.C. ROAD
            ALOKAPURI
             BARODA
             GUJRAT
             PIN- 390007

Advocate for the Petitioner   : MR S NATH

Advocate for the Respondent : SC, BANK OF BARODA
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                                 BEFORE
               HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA

                                     ORDER

Date : 05.09.2022

Heard Mr. S. Nath, learned counsel for the petitioner, who submits that the respondents should be directed to refund the amount of Rs. 2,97,786/- recovered from his pensionary benefits and also the amount of Rs. 1,53,090/- recovered from the final assessment of the P.F account of the petitioner.

The petitioner's case in brief is that a Departmental Proceeding was initiated against the petitioner, with regard to a loan of Rs. 10,000/- taken by him from a friend.

On the basis of the Departmental Proceeding, the petitioner was given the penalty of compulsory retirement. The petitioner being aggrieved by his compulsory retirement filed WP(C) No. 5484/2003. WP(C) No. 5484/2003 was dismissed by this Court vide Order dated 11.01.2013.

The further case of the petitioner is that subsequent to the above events, the respondents found that there was a shortage of Rs. 2,60,640/- from the Bank's Accounts and accordingly, a Police case was registered, i.e., Silchar P.S. Case No. 1857/2009 under Section 409 IPC.

A Charge-sheet was filed in Silchar P.S Case No. 1857/2009 before the Court of the Addl. Chief Judicial Magistrate, Cachar, Silchar and GR Case No. 3456/2009 was registered.

GR Case No. 3456/2009 was disposed of vide Judgment dated 21.01.2020, Page No.# 3/3

by which the petitioner was acquitted of the charge under Section 409 IPC, with respect to the cash shortage of Rs. 2,60,640/-.

The petitioner's counsel submits that though the petitioner has been acquitted in the criminal case involving cash shortage of Rs. 2,60,640/-, the State respondents have recovered Rs. 2,97,786/- + Rs. 1,53,090/- from the petitioner, without any Departmental Proceeding being initiated against the petitioner.

The petitioner's counsel however submits that a Departmental Proceeding is pending, with regard to the shortage of Rs. 2,60,640/-.

Issue notice, returnable in 4 (four) weeks.

Mr. H. Gupta, learned counsel accepts notice on behalf of all the respondents.

List the matter again after 4 (four) weeks.

JUDGE

Comparing Assistant