NIBIR CHAND KARAN Vs. PASCHIM BANGA GRAMIN BANK

JUDGEMENT

(1.) This is an application for review of our judgement and order dtd. 5/12/2018 in the appeal (FMA 523 of 2017: Nibir Chand Karan Vs. The Paschim Banga Gramin Bank & Ors).

(2.) Mr. Arunava Ghosh, learned counsel appearing for the applicant invokes the constitutional principle that no person can be charged with an offence, which was not so at the time it was allegedly committed. He says that the alleged acts of the applicant for which the disciplinary proceedings were started against him related to the period from 2/11/2002 to 4/7/2006. He was charged under the 2007 Regulations, which were obviously not in force then. He cites paragraph 4 of Ashok Kumar Pattanaik And Others. Vs. State of Orissa And Another, reported in (1998) 6 Supreme Court Cases 176, which opined that certain relevant Rules were not pointed out to the court in that matter. They had 'a bearing on the result of the matter'. On this ground the review application was allowed.

(3.) Learned counsel submits that on the ratio of the decision we should entertain and allow this review application on the ground that the 2007 Regulations and those prior to that were not considered by the court in pronouncing its judgement and order dtd. 5/12/2018.