Karnadhar Swargiyari vs The Assam Cooperative Apex Bank Ltd And ...
2024 Latest Caselaw 5483 Gua

Gauhati High Court

Karnadhar Swargiyari vs The Assam Cooperative Apex Bank Ltd And ... on 2 August, 2024

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GAHC010241752023




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

                                 Case No. : WP(C)/6248/2023

            KARNADHAR SWARGIYARI
            S/O- LATE GALARAM SWARGIYARI,
            R/O- MISSION ROAD, BARPETA ROAD, WARD NO-3, DIST- BARPETA,
            ASSAM, PIN-781315



            VERSUS

            THE ASSAM COOPERATIVE APEX BANK LTD AND ANR
            HAVING ITS HEAD OFFICE AT PANBAZAR, GHY-1, KAMRUP (M), ASSAM,
            REPRESENTED BY ITS MANAGING DIRECTOR

            2:THE MANAGING DIRECTOR
            THE ASSAM CO-OPERATIVE APEX BANK LTD.
             PANBAZAR
             GHY-

Advocate for the Petitioner   : MR. N J KHATANIAR, P BORAH

Advocate for the Respondent : SC, APEX BANK,
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                                BEFORE
               HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR

                                     ORDER

Date : 02.08.2024

Mr. J. K. Goswami, learned counsel for the respondents, on instructions, has submitted that the respondent bank has released to the petitioner, his Subsistence Allowance from October, 2023 till the date of his superannuation.

However, Mr. N. J. Khataniar, learned counsel for the petitioner disputes the said position.

Be that as it may, this Court having interfered with the dismissal of the petitioner, effected vide order dated 08.06.2012 and having directed for a de novo enquiry, the petitioner w.e.f. the date of dismissal, is now required to be so considered to have been placed under suspension. Accordingly, the petitioner herein, would be entitled to the Subsistence Allowance from the date of his dismissal i.e. 08.06.2012, this admittedly, has not been computed and paid to the petitioner fully.

Mr. J. K. Goswami, learned counsel for the respondents shall receive instructions as to why the Subsistence Allowance of the petitioner from 08.06.2012 was not released, inasmuch as, the order of penalty that was operating, on passing of the Judgment and Order dated 15.12.2022; in the earlier round of litigation, no longer subsists and accordingly, the petitioner ought to be considered to be continuing in his service w.e.f. the date of his order of dismissal.

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In other words, on the dismissal order dated 08.06.2012, being interfered with; the Master-servant relationship between the respondent bank and the petitioner, stood revived and accordingly, the petitioner, either is held to be reinstated in service or, he ought to be deemed to have been placed under suspension.

In view of the above, Registry is directed to list the matter again on 21.08.2024, on which date, Mr. Goswami, learned counsel for the respondents shall place before this Court, the necessary instructions as to the manner in which the said period is being considered i.e. as to whether he would be given his full salaries or the Subsistence Allowance.

JUDGE

Comparing Assistant