The Assam Gramin Vikash Bank vs Surendra Nath Barman
2024 Latest Caselaw 5685 Gua

Gauhati High Court

The Assam Gramin Vikash Bank vs Surendra Nath Barman on 8 August, 2024

Author: Soumitra Saikia

Bench: Soumitra Saikia

                                                                       Page No.# 1/2

GAHC010062222024




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

                                Case No. : Review.Pet./71/2024

            THE ASSAM GRAMIN VIKASH BANK
            HAVING ITS HEAD OFFICE AT GS ROAD, BHANGAGARH, GUWAHATI, DIST
            KAMRUP M ASSAM REP. BY ITS CHAIRMAN



            VERSUS

            SURENDRA NATH BARMAN
            S/O LATE NALIT CH BARMAN
            VILLAGE NADALA, PO GAMARIMURI, DIST NALBARI, ASSAM 781306



Advocate for the Petitioner   : MR SISHIR DUTTA, MS S MOCHAHARI,MR S DUTTA,MR.
SIDHANT DUTTA

Advocate for the Respondent : MR. D BHUYAN, MR SARFRAZ NAWAZ,MR. SURAJIT
DAS,MR. K N CHOUDHURY,FOR CAVEATOR




                                    BEFORE
                     HONOURABLE MR. JUSTICE SOUMITRA SAIKIA

                                          ORDER

08.08.2024 Heard Mr. S. Dutta, learned Senior counsel assisted by Mr. S. Dutta, learned counsel for the petitioner and Mr. S.A. Barbhuiya, learned counsel for the respondents.

Page No.# 2/2

This review petition is filed seeking review of the Judgment and Order dated 21.02.2024 passed in W.P.(C) No. 5287/2012 whereby the writ petition was disposed of in terms of the direction contained in the said order.

The learned senior counsel for the petitioner submits that there is a factual error which is apparent on the face of the record as have been noticed upon perusal of the said Judgment. He submits that at paragraph 20 of the said Judgment there is a finding by this Court that there is no material placed before the Court to show that along with the petitioner there are other Officers or employees of the bank who have also been proceeded with and/or imposed with penalty. The learned senior counsel submits that this observation/ finding of the Court is incorrect as the same is contrary to the facts as available in the record. He submits that there are other officers who have been proceeded with and punishment have also been imposed on them. He submits only to that extent the instant review petition has been filed seeking review of this finding by the Court. He submits that the records are available with the counsel and the same can be placed before the Court for necessary perusal if the need arises.

Mr. S.A. Barbhuiya, learned counsel on the other hand submits that he is led by Mr. K.N. Choudhury, learned Senior Counsel who is unable to appear before this Court because of personal difficulty today. He therefore submits that the matter be deferred to be listed again after a week.

Accordingly, as agreed to by both the learned counsel, let the matter be listed again on 16.08.2024.

JUDGE

Comparing Assistant