NDLI: United Bank of India Vs. Biswanath Bhattacharjee

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Service law – Reinstatement
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7 Referred Case 8 Referred Case 9 Referred Case 10 Referred Case 11 Referred Case 12
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Dismissed
Headnote	Service law – Reinstatement – Respondent-Bank employee was appointed by the bank, he served as a manager of a bank’s branch – Disciplinary proceedings were initiated against him alleging his complicity in five major charges during his posting as manager – Charges related to the non-recording of subsidy amount in subsidy register; deposit of subsidy in the account of twelve fictitious persons in connection with the Project of Central Government; misappropriation of loan and subsidy amount; removal of the relevant documents to conceal the misappropriation and that the respondent in connivance with others transferred amounts through three demand draft bank – Enquiry was conducted – Enquiry officer found that respondent was guilty of the charges – Disciplinary Authority accepted the report and terminated his employment – Appellate Authority dismissed the appeal – Respondent approached High Court – Writ petition was dismissed by the Single Bench of the High Court – The Division Bench allowed the appeal and set aside the orders of the Appellate and disciplinary authorities – On appeal, held: In view of evidence of MW 1 and in absence of any documentary evidence showing that the respondent was having the primary responsibility to maintain the subsidy register charge of non-recording of subsidy amount in subsidy register, not proved – Charge that respondent deposited subsidy in the account of twelve fictitious persons, Bank had relied on disposition of 7 persons, they were identified by MW 2 but neither his identity nor the identity of the 7 persons was proved, additionally there was no material linking the respondent with the applications of introducing the borrowers, etc. – No evidence of involvement of the respondent – Charge of misappropriation of entire loan and subsidy amount was based on confessional statement, the said document was not exhibited and undeniably it was not signed – Document can bound authors but not the third parties like respondent – As far as the charge of removing the documents is concerned, there is no evidence to show that the respondent has removed them – Charge of transferring amounts through three demand draft was concerned, there was no material evidence to suggest the same – Judgment of the Division Bench of the High Court upheld – Respondent reinstated.
Judge	Hon'ble Mr. Justice S. Ravindra Bhat
Neutral Citation	2022 INSC 117
Petitioner	United Bank Of India
Respondent	Biswanath Bhattacharjee
SCR	[2022] 3 S.C.R. 988
Judgement Date	2022-01-31
Case Number	8258

Sl.	Authority	Responsibilities	Communication Details
1	Ministry of Education (GoI), Department of Higher Education	Sanctioning Authority	https://www.education.gov.in/ict-initiatives
2	Indian Institute of Technology Kharagpur	Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project	https://www.iitkgp.ac.in
3	National Digital Library of India Office, Indian Institute of Technology Kharagpur	The administrative and infrastructural headquarters of the project	Dr. B. Sutradhar bsutra@ndl.gov.in
4	Project PI / Joint PI	Principal Investigator and Joint Principal Investigators of the project	Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon
5	Website/Portal (Helpdesk)	Queries regarding NDLI and its services	support@ndl.gov.in
6	Contents and Copyright Issues	Queries related to content curation and copyright issues	content@ndl.gov.in
7	National Digital Library of India Club (NDLI Club)	Queries related to NDLI Club formation, support, user awareness program, seminar/symposium, collaboration, social media, promotion, and outreach	clubsupport@ndl.gov.in
8	Digital Preservation Centre (DPC)	Assistance with digitizing and archiving copyright-free printed books	dpc@ndl.gov.in
9	IDR Setup or Support	Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops	idr@ndl.gov.in

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