CANARA BANK AND OTHERS Vs. DEBASIS DAS

JUDGEMENT

(1.) The background :

(2.) In the circumstances, it appears that the only scope of this appeal before us is to decide the question on the basis of the report of examination of the particular documents by the expert. The Court has no alternative but to pass appropriate order on the basis of such report as to the genuineness of the said documents. The parties were directed to produce the original documents for being examined by the experts. It was also provided that in case the originals were not filed by the employee or the Bank then the High Court should pass necessary orders upholding the order of dismissal or setting aside the order of dismissal, as the case may be. No other point can be considered by the High Court.

(3.) Admittedly, the documents were not produced by any of the parties. The Bank took a stand that these documents were produced before the Appellate Authority and the Appellate Authority, having examined the same found the document in Item No. 1 dated 13th of Sept. 1989 as forged and fabricated and did not accept the said document along with the document in Item No. 2 which was purported to be copy of the document in Item No. 1. So far as the document in Item No. 3 is concerned, the Appellate Authority had recorded that this document was not found in the record and that no such letter was addressed to the employee and that the document No. 4 was never received by the Bank. In the circumstances, the bank points out that those documents, which were produced, are on record of the appellate authority and were tendered to the employee who took a stand and those documents were not the documents he had produced. 13. On the other hand, the employee's case is that the Bank had replaced the documents produced by him and that the documents now being relied upon are not the documents he had filed. He also contended that since he had parted with the originals in the proceedings before the appellate authority, therefore, he is not in custody of the originals and the Bank is in custody thereof. But the Bank did not produce the original documents for being examined by the experts. Employee's contention :