NABA KUMAR GHOSH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal at the instance of the appellant/writ petitioner arises out of judgment and order dated 13th and 22nd August, 2012 passed in W.P. 21359 (W) of 2008, by which Learned Single Judge was pleased to dismiss the writ petition.

(2.) The appellant was a supervisor in the Hooghly Cooperative Agriculture and Rural Development Bank Limited (hereinafter referred to as the respondent bank). One Shyamal Kanti Mondal alias Shyamal Mondal applied for sanction of loan from Haripal Branch of the respondent bank for establishment of his business for the purpose of manufacturing and repairing body of motor vehicles. The Bank Authority did not sanction the loan and as such the said Shyamal Kanti Mondal moved the High Court for direction to the Bank Authority for sanction of his loan. On 17.11.1998 the High Court passed order in a writ petition for consideration of the prayer of Shyamal Kanti Mondal for sanction of loan. On 25.06.1999 the Bank sanctioned a loan of Rs.8,00,000/- for the said business of Shyamal Kanti Mondal. The appellant joined the Haripal Branch of the respondent bank in the year 2000 by way of transfer as Supervisor.

(3.) The order of the Appellate Authority passed on 29.04.2008 against the appellant was challenged by filing W.P.21359 (W) of 2008 and the said writ petition was dismissed by Learned Single Judge. The appellant has challenged the said order of dismissal of the writ petition in this appeal. Before considering the elaborate rival submissions made by Learned Counsels of both the parties, it is necessary to decide whether de novo disciplinary proceeding started against the appellant is sustainable in law. It is pertinent to quote the relevant portion of the order passed on 05.07.2005 in W.P.8483 (W) of 2005 by Learned Single Judge of this Court: