Calcutta High Court Sets Aside Bank Employee's Dismissal For Alleged ₹38 Lakh Pension Fraud, Says Authority's Findings Based On No Evidence

The Calcutta High Court has set aside the dismissal of a bank employee accused of involvement in an alleged pension account fraud of ₹38.67 lakh, holding that the disciplinary authority's finding of misappropriation was based on no evidence and mere conjectures.Justice Partha Sarathi Chatterjee observed that even in a departmental proceeding, the conclusion of guilt must be supported by some material evidence, and suspicion—however strong—cannot take the place of proof.The Court held that the disciplinary authority had proceeded on presumptions without establishing any direct role of the employee in the alleged misappropriation.“Suspicion, however grave, cannot replace proof. A finding of guilt must be based on evidence available on record,” the Court observed.The petitioner, an employee of Bank of India, had been dismissed from service after a departmental inquiry found him guilty of involvement in the fraudulent withdrawal of pension funds amounting to ₹38.67 lakh from certain pension accounts.The disciplinary authority concluded that the employee had facilitated the withdrawals and held him responsible for the misappropriation.Challenging the dismissal, the employee approached the High Court, contending that the findings were unsupported by evidence and were based only on assumptions drawn from his role in the branch.Examining the records of the disciplinary proceedings, the Court found that the authorities had failed to produce evidence directly linking the petitioner to the fraudulent withdrawals.The Court noted that the disciplinary authority relied largely on circumstantial inferences without establishing how the petitioner had personally participated in or benefited from the alleged fraud.Justice Chatterjee held that while the standard of proof in departmental proceedings is not as strict as in criminal trials, the findings must still be supported by some tangible evidence on record.Holding that the finding of misappropriation was unsustainable, the Court set aside the dismissal order passed against the employee.However, the Court granted liberty to the disciplinary authority to reconsider the matter in accordance with law after properly evaluating the available evidence.Case: Bhaskar Adhikari Vs. Bank of India & OthersCase No: WPA 10517 of 2019Click here to read order

Calcutta High Court Sets Aside Bank Employee's Dismissal For Alleged ₹38 Lakh Pension Fraud, Says Authority's Findings Based On No Evidence

Srinjoy Das