CENTRAL BANK OF INDIA Vs. NRIPENDRA NATH SARKAR

JUDGEMENT

(1.) WE have heard the counsel for the parties at length.

(2.) THIS case demonstrates the rather belligerent attitude, which is sometimes adopted, by the executive authorities in implementing the plain and simple directions issued by the Court. We may briefly notice the facts leading to the filing of the present appeal.

(3.) THE respondent was charge-sheeted on the ground of defalcation of funds to the extent of Rs. 36,000/- and odd. He was proceeded against departmentally. The Inquiring Officer found him guilty. A show-cause notice was issued to him proposing a punishment of dismissal. After receiving the reply to the show-cause notice, he was dismissed from service. He approached this Court by filing a writ petition being C. O. No. 10234 (W) of 1996. This writ petition was decided on 22nd of September, 2000. Elaborate discussion was made in the judgment before coming to a conclusion that the Inquiring Officer was biased and the proceedings was conducted in the manner prejudicial to the interest of the delinquent. The entire proceedings except the charge-sheet were quashed. The respondents in the writ petition were granted an opportunity to proceed with the matter de novo on the same charge-sheet.