Prasanta Kumar Ganguly v. The State Bank of India and 4 Ors

O R D E R

16.02.2024

Heard Mr. I.A. Talukdar, learned counsel for the petitioner. Also heard Mr. H. Buragohain, learned counsel for the respondents. The petitioner while serving as JMGS-I in the Gossaigaon Branch of State Bank of India was awarded a penalty on 24.02.2005 by which he was dismissed from service in terms of Rule 67(J) of the State Bank of India Officer's Service Rules. The order further provided that no salary and allowance will be paid to the petitioner for the period under suspension and that the period of suspension will be treated as 'not on duty'. The order further provided that subsistence allowance already paid to the petitioner during the period of suspension would not be recovered on humanitarian grounds. Learned counsel for the petitioner submits that the petitioner instituted WP(C) No.3598/2006 challenging the order of dismissal. However, the said writ petition was dismissed by order dated 14.09.2010. Thereafter, the petitioner filed an Appeal, which was registered as Writ Appeal No.234/2011, which was also dismissed. Therefore, the order of dismissal from service has attained finality. Page No.# 3/3 The present writ petition has been filed by the petitioner for a direction to the respondent-Bank to release the amount of gratuity and Provident Fund that is entitled to the petitioner. Mr. Buragohain, learned counsel for the respondents, submits that the gratuity amount of Rs.2,28,915/- has already been paid to the petitioner and the Provident Fund amounting to Rs.5,67,668/- has already been adjusted against the personal loan and car loan taken by the petitioner. He, therefore, submits that there is nothing left in the writ petition for adjudication. Mr. Talukdar, learned counsel for the petitioner, submits that if no further coercive action is taken against the petitioner, this writ petition may be closed as infructuous. Mr. Buragohain, learned counsel for the respondents, submits that as the matter has been already settled, no further coercive action will be taken against the petitioner by the respondent-Bank. In view of above, this writ petition is closed as infructuous.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010019572022 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/808/2022o PRASANTAoKUMARoGANGULYo S/O-LATEoASHISHoKUMARoGANGULI,oPRESENTLYoRESIDINGoAToTULIPo GREENS,oBLOCK-I,oFLAT-A,o3RDoFLOOR,o 4oDR.oBANKIMoMUKJHERJEEoROAD,oBESIDEoAUROBINDOoHIGHoSCHOOL,o P.O-oKONNAGAR,oDIST-oHOOGLY,oWESToBENGAL VERSUSo THEoSTATEoBANKoOFoINDIAoANDo4oORSo REPo,oBYoTHEoMANAGINGoDIRECTORoCORPORATEoCENTRE,oMADAMo CAMAoROAD,oMUMBAI-o21 2:THEoCHIEFoGENERALoMANAGER oSTATEoBANKoOFoINDIA oN.EoCIRCLE oLOCALoHEADoOFFICEoDISPUR oGUWAHATI-06 3:THEoGENERALoMANAGER-II oSTATEoBANKoOFoINDIA oN.EoCIRCLE oLOCALoHEADoOFFICEoDISPUR oGUWAHATI-06 4:THEoDEPUTYoGENERALoMANAGER oSTATEoBANKoOFoINDIA oZONALoOFFICE BHANGAGARH oGUWAHATI-05 5:THEoCHIEFoMANAGER oSTATEoBANKoOFoINDIA Page No.# 2/3 GOSSAIGAON BRANCH GOSSAIGAON DIST- KOKRAJHAR ASSA Advocate for the Petitioner : MR. I A TALUKDAR Advocate for the Respondent : MR. H BURAGOHAIN BEFORE HON'BLE MR. JUSTICE LANUSUNGKUM JAMIR