SIDDHESWAR GHOSH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The factual matrix of this case is that the appellant took loan from Krishnanagar City Cooperative Bank after mortgaging gold ornaments along with others. Initially the appellant was unable to liquidate the outstanding dues, and according to him, he time and again requested the bank authority to reduce the amount of outstanding dues for enabling him to liquidate all the outstanding dues but it is alleged that such request was not paid heed to. It was subsequently found that fake gold was submitted by the appellant for the purpose of obtaining loan from the bank and for which the appellant, who was an employee of the said bank, was dismissed from service. However, by an order of the Hon'ble Court the appellant was reinstated but subsequently at the time of superannuation, his outstanding loan amount was deducted from the amount of gratuity. It was also alleged on behalf of the appellant that in similar circumstances, the Hon'ble High Court passed favourable orders in respect of two accused persons after payment of their outstanding dues. The decision of the High Court in one of such cases was affirmed by the Hon'ble Supreme Court. If that be so, the appellant contends that he being a similarly situated person should be allowed either to receive Gold ornaments which he deposited or the equivalent sum of money thereof, if ornaments were lost from the custody of the bank.

(2.) The bank, on the other hand, submitted that the appellant was an employee of the bank and he was the mastermind behind the entire plan, that is, to obtain financial loans from the bank after depositing fake gold. It is also alleged that as he was an employee, the bank trusted him and no appraiser was appointed to examine the value of the gold or genuineness of the same at that point of time. The name of the appellant was found as nominee of all the gold loans in respect of all those persons who were granted gold loans at the relevant time. The bank has further submitted that when the said Loanees were not paying their outstanding dues, the bank decided to sell the mortgaged gold ornaments. At that time it came to the notice of the bank authorities that fake gold had been submitted by the concerned persons at the instance of the appellant to obtain financial loans from the bank. Accordingly, a complaint was lodged against the appellant and others, and after completion of investigation a charge sheet was submitted against 21 persons including the appellant under Sec. 408/420 IPC and the said criminal case is still pending before the Learned Court of Judicial Magistrate at Krishnanagar. It is also alleged that due to burglary, genuine gold ornaments were taken away by thieves leaving fake gold in the bank. It is submitted on behalf of the bank that the two instances referred to by the appellant have no application in this case since the appellant being the employee of the bank masterminded the entire plan, and further the pendency of the criminal proceedings was not brought to the notice of the Hon'ble Court properly in these two cases. With the consent of the appellant, the Bank's outstanding dues were deducted from the amount of his gratuity.

(3.) As the appellant was unable to persuade the bank authorities to return his gold ornaments or equivalent money thereof, the petitioner was compelled to file writ application being No. 2209(W) of 2012 praying for issuance of writ of mandamus etc. The Hon'ble single Judge did not allow the prayer of the appellant/ writ petitioner on the ground that criminal proceedings were pending before the concerned court at Krishnanagar. Against such judgment and order dtd. 02/04/2012 the appellant has preferred this appeal stating, inter alia, that the judgment and order passed by the Hon'ble single Judge on 02/04/ 2012 is bad in law and the same should be set aside.