Decided on October 01,2018

Mokshada Sharma Kataki Appellant
Assam Gramin Vikash Bank And 5 Ors Respondents


L. S. Jamir, J. - (1.) By this writ petition, the petitioner is challenging the Order dated 30.05.2015 issued by the General Manager and Disciplinary Authority of Assam Gramin Vikash Bank by which the petitioner was imposed the penalty of compulsory retirement in terms of Regulation 39.1 (b) of the Assam Gramin Vikash Bank (Officers and Employees) Service (Amendment) Regulations, 2013.
(2.) Heard Mr. K. Sarma, learned counsel for the petitioner as well as Mr. S. Dutta, learned Senior Counsel appearing for the respondent Nos. 1 to 4.
(3.) Mr. K. Sarma, learned counsel for the petitioner submits that the petitioner was appointed in the Assam Gramin Vikash Bank (herein after "the Bank") in 1984 and served in different branches of the Bank. While serving as Assistant Manager, Scale I at the Dhemaji Branch of the Bank, he was placed under suspension with immediate effect by an Order dated 14.09.2012 in contemplation of a Disciplinary Proceeding for certain act of gross misconduct alleged to have been committed by him at the Bank's Dhemaji Branch. The Disciplinary Proceeding was initiated against the petitioner with as many as 11 (Eleven) charges. A show cause notice dated 28.03.2013 was served upon the petitioner on the charges of improper functioning of his duties in dealing with Central Sector Scheme of National Bank for Agricultural and Rural Development (NABARD) under "Pig Development" Scheme for recommending loan application of beneficiaries to the General Manager (Credit) for sanctioning loan. The petitioner submitted reply on 27.04.2013 denying all the charges. Thereafter, by a Communication dated 09.05.2014, charges were framed against the petitioner and the petitioner was asked to submit written statement of defence. The petitioner submitted the written statement on 26.05.2014. Thereafter, not being satisfied with the reply made by the petitioner a Departmental Proceeding was initiated against him by appointing the Enquiry Officer and Presenting Officer by an Order dated 16.06.2014. On expression of inability to conduct the enquiry by the appointed Presenting Officer, another person, namely, Ananta Hazarika, Manager, Assam Gramin Vikash Bank, Regional Office, Lakhimpur was appointed as the Presenting Officer by an Order dated 13.08.2014. Thereafter, the Departmental Enquiry started on 12.09.2014 and concluded on 27.10.2014. The Enquiry Officer submitted report on 30.11.2014 after one month of his retirement. The petitioner made a reply against the Enquiry Report dated 10.02.2015 and thereafter, the Disciplinary Authority passed the Order dated 30.05.2015 imposing the penalty of compulsory retirement from service. Thereafter, the petitioner preferred an appeal before the Appellate Authority on 22.06.2015 but the said appeal was also dismissed by an Order dated 13.05.2016.;

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