Decided on August 06,2018

Mrs. Swapna Kalita Appellant
Assam Gramin Vikash Bank And Others Respondents


L.S.JAMIR,J. - (1.) By this writ petition, the petitioner is challenging the order dated 24.12.2012, after a Disciplinary Proceeding by which she was removed from service, which shall not be a disqualification for future employment. The petitioner further prays for reinstatement back into service by treating the period from 24.12.2012 till the date of her reinstatement, as 'on duty' and to pay the back wages from the said period.
(2.) Heard Mr. J. Roy, learned counsel for the petitioner as well as Mr. S. Dutta, learned Senior Counsel assisted by Mr. R. Hazarika, learned counsel for the respondents.
(3.) Mr. J. Roy, learned counsel for the petitioner submits that the petitioner was initially appointed to the post of Office Assistant (multi-purpose) at Hatisung, Assam Gramin Vikas Bank Branch in the district of Nagaon on 01.06.1990. After rendering service in different branches of the Assam Gramin Vikas Bank ("AGVB" in short), the petitioner was transferred to the Morigaon, AGVB Branch under the same capacity. The petitioner was served with letter dated 23.03.2011 issued by the respondent No. 4 directing her to submit explanation on the ground that the petitioner has defrauded an amount of Rs. 1 Lakh from 21.02.2011 to 17.03.2011. Pursuant to the letter dated 23.11.2011, the petitioner made her reply by letter dated 25.03.2011 denying the allegation levelled against her. Consequently, a Staff Meeting was held on 18.03.2011 for a discussion on the alleged misappropriated amount by the petitioner. Thereafter, the Chairman and Disciplinary Authority issued a Communication dated 25.03.2011 placing the petitioner under suspension in contemplation of a Disciplinary Proceeding against the petitioner. Further, by a letter dated 07.07.2011, the petitioner was asked to show cause as to why a Disciplinary Proceeding should not be initiated against her for misappropriating an amount of Rs. 1 Lakh for the period from 21.02.2011 to 17.03.2011. Accordingly, the petitioner denied the charges levelled against her by her reply dated 29.07.2011.;

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