SRI K.C. ROY Vs. BANK OF BARODA

JUDGEMENT

(1.) This appeal is directed against a judgment and order dated September 20, 1985 passed by U.C. Banerjee, J. in C.R. No. 3185 (W)/83 whereby and whereunder the said learned Judge dismissed the writ application filed by the writ Petitioner questioning the order of dismissal dated March 16, 1982 as contained in Annexure 'N' to the writ application.

(2.) The fact of the matter lies in a very narrow compass.

(3.) Mr. Pal, learned Counsel appearing on behalf of the writ Petitioner/ Appellant has raised a number of contentions in support of this appeal. The learned Counsel submits that keeping in view the fact that the internal working of the Bank is different than that the working of the private sector organisation, the Petitioner cannot be held to be guilty of the charges. According to the learned Counsel so far as the banking transactions are concerned two audits took place during his tenure but despite the same, the alleged irregularity of the Petitioner was not noticed for a period of more than four years. The learned Counsel submits that in any event as the Petitioner after his alleged action or in action was promoted twice, the Respondents must be deemed to have waived their right to proceed against him departmentally and in support of the aforementioned submission reliance has been placed on the case of State of Punjab v/s. Diwan Chunilal : A.I.R. 1970 S.C. 2086 and the decision of this Court in the case of Collector of Customs v/s. Rebati Mohan Chatterjee, 1976 C.H.N. 792. The learned Counsel pointed out that the stand taken by the Respondents in the affidavit -in -opposition is not correct, in as much as, no CBI investigation was pending "on the date on which the Petitioner had resigned from service. The learned Counsel in this connection has drawn our attention to the statement made in para. 13 at page 9 of the writ application as welt as his reply as contained in annexure 'F' to the writ application to the Memorandum and Article of charges served on him, from a perusal whereof it appears that the Petitioner had all along been taking a stand that he had resigned from the service.