Disposed

Gita Mahanta v. the State of Assam and 3 Ors.

Gauhati HC21 Sept 2022WP(C)/5454/2021

Case brief

AI extract

What is this about?

This writ petition concerned a disciplinary order demoting a bank cashier and withholding an increment. The petitioners argued the appeal against this punishment order was not considered. The High Court directed the bank's Managing Director to consider the appeal after affording a hearing to the petitioner within one month. The court reserved the merits for the bank to decide.

What did the court decide?

The Managing Director of Apex Bank was directed to consider and dispose of the petitioner's appeal filed on 17.03.2021 against the punishment order after giving a hearing within one month.

Gita Mahanta Vs the State of Assam and 3 Ors. — Service and Employment | Gauhati HC (2022)

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Page No.# 1/3

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GAHC010159792021

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

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Case No. : WP(C)/5454/2021

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GITA MAHANTA

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W/O DWIJENDRA NATH DEKA, ADD. HOUSE NO 12, BYE LANE NO. 1, ZOO ROAD TINIALI, SANTIPATH, DIST. KAMRUP (M), ASSAM, PIN 781024

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VERSUS

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THE STATE OF ASSAM AND 3 ORS REPRESENTED BY THE COMMISSIONER AND SECY. TO THE GOVT. OF ASSAM, MINISTRY OF CORPORATION, DISPUR, GUWAHATI 6

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2:BOARD OF DIRECTOR

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APEX BANK LTD. PANBAZAR GUWAHATI 781001

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3:THE MANAGING DIRECTOR (ADMIN) APEM BANK LTD. PANBAZAR GUWAHATI 781001

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4:THE BRANCH MANAGER

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APEX BANK LTD. SILPUKHURI BRANCH GUWAHATI

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Advocate for the Petitioner : MS D DAS

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Advocate for the Respondent : GA, ASSAM

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Page No.# 2/3

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BEFORE HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA

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ORDER

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Date : 21-09-2022

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Heard Mr. R.C. Saikia, learned counsel for the petitioner and R.D. Goswami, learned counsel for the respondent No. 1, being the authorities under the Cooperation Department. Also heard Mr. J. Barman, learned counsel for the respondents No. 2, 3 and 4, being the authorities under the Apex Bank Limited. 2. The petitioner who was a cashier in the respondent Apex Bank Limited was subjected to a disciplinary proceeding leading to the order dated 25.02.2020 by which the petitioner was demoted to the post of Peon and also subjected to withholding of increment of one year. The limited grievance raised is that against the said order dated 25.02.2020, the petitioner had filed an appeal before the Managing Director, Apex Bank Limited and the said appeal had not been given its consideration.

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Considering the limited grievance raised, we direct the Managing Director, Apex Bank limited having its Head office at Panbazar, Guwahati to consider and dispose of the appeal of the petitioner filed on 17.03.2021 against the order of punishment. The appeal be disposed of after giving a hearing to the petitioner within a period of 1 month from the date of receipt of certified copy of this order.

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We are clarifying that we have not observed anything on merit either against or in favour of the claim of the petitioner in the appeal and it will be open for the Managing Director to pass any reasoned order as may be advisable in the facts of the case as also under the law applicable.

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Page No.# 3/3

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Writ petition stands disposed of as indicated above.

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JUDGE

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Comparing Assistant

Gita Mahanta v. the State of Assam and 3 Ors.

Case brief

What is this about?

What did the court decide?

Gita Mahanta v. the State of Assam and 3 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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