DIPAK DASGUPTA Vs. UCO BANK & OTHERS

JUDGEMENT

(1.) The writ petitioner is aggrieved by the long pendency of the departmental proceeding initiated against him by the respondent bank by issuing charge-sheet dated July 15th, 1985.

(2.) Alleging defalcation of its moneys by the petitioner, while working as Branch Manager of its Sonari Branch, the bank lodged an FIR on June 27th, 1978. On July 5th, 1978 he was placed under suspension. Criminal cases were instituted against him before the special court. During pendency of the criminal cases the bank initiated the departmental proceeding by issuing the charge-sheet dated July 15th, 1985. An ex parte enquiry was held, and the departmental proceeding was concluded by imposing the punishment of removal from service. Against the punishment order (removing him w.e.f. June 24th, 1986) the petitioner preferred an appeal, and the appellate authority set aside the punishment order, and remitted the matter to the competent authority for holding a fresh enquiry. Then, alleging that on same allegations the bank was proceeding departmentally during pendency of the criminal cases, he moved this court by filing a writ petition (Matter No. 4342 of 1987). It was allowed, and the bank was restrained from proceeding departmentally till the conclusion of the criminal proceedings. An appeal preferred by the bank, before the division bench of this court, was dismissed by judgment and order dated Oct. 25th, 1990.

(3.) The criminal cases instituted against the petitioner ended in his acquittal. The competent criminal court passed the orders of acquittal on Feb. 1st, 1992. There is no dispute that the fact of the, petitioner's acquittal by the competent criminal court by orders dated Feb. 1st, 1992 was within the knowledge of the bank. Challenging the orders of acquittal three cases were filed before this court, they are still pending decision.