Research › Browse › Judgment

Gauhati High Court · body

1994 DIGILAW 229 (GAU)

Kajal Kumar Banik v. State Bank of India

1994-12-17

D.N.BARUAH, V.K.KHANNA

body1994
V. K. Khanna, C. J.— This appeal has been filed against the judgment dated 25.10.94 passed in CR No. 4292 of 1994 dated 25.10.94. 2. The petitioner-appellant has challenged the transfer order by which he was transferred from Tinsukia Branch of the State Bank of India (SBI for short) to Gargaon ADB Branch. The learned Single Judge disposed of the writ petition by not interfering in the transfer order. However, a direction was given that the representation of the petitioner be disposed within 15 (fifteen) days. 3. We have heard Mr. AK Maheswari, the learned counsel on behalf of the appellant and Mr. B. Kalita, the learned counsel on behalf of the SBI. 4. The learned counsel appearing for the appellant has produced before us the suspension order which has been passed on 11.11.94. A disciplinary enquiry has been initiated against the petitioner/appellant. In the suspension order, the charges have already been set out and they relate to the transactions which had taken place at Tinsukia Bazar Branch of the SBI. The counsel appearing for the petitioner/appellant has-stated that suspension order has not been challenged by the petitioner/appellant. In these circumstances, it is clear that the petitioner/ appellant cannot work in any Branch as he is under suspension and till the disciplinary proceedings are concluded. 5. The learned counsel appearing for the petitioner/appellant has submitted that all the witnesses who will be produced in the disciplinary enquiry which will be held, belong to Tinsukia and therefore, during the pendency of the disciplinary proceeding, the petitioner may remain attached to Tinsukia Bazar Branch, SBI. We have heard Mr. B. Kalita, learned counsel appearing on behalf of the respondents, on this question also and we are of the opinion that as in the disciplinary proceeding all the witnesses and the documentary evidence will be of the Tinsukia Branch, the interest of justice requires that the petitioner/appellant during the pendency of the disciplinary proceedings, will remain attached to the Tinsukia Branch of the SBI. It is, however, being made clear that in case the petitioner is exonerated in the disciplinary proceeding, it will be open for the competent authority to pass appropriate order for his further posting. 6. Subject to the aforesaid observations, the present appeal is finally disposed of. However, looking to the facts and circumstances of the case, the parties shall bear their own costs.