BHIMSEN GOCHHAYAT Vs. REGIONAL MANAGER BANK OF INDIA

JUDGEMENT

(1.) The petitioner was appointed as a sub-staff in Basta Branch of the Bank of India in the year 1973. FIR was lodged against him by the Branch Manager, Balasore Branch and he was placed under suspension. Ultimately, charge-sheet was filed against the petitioner under Sections 468/490/420 IPC in G.R. Case No. 1049/1982 and he faced trial before the Learned JMFC, Balasore. The Learned Magistrate by order dated August 26, 1987, found the petitioner guilty of the offence under Section 468 IPC and sentenced him to undergo R.I. for three years. After passing of the order of conviction, the petitioner was dismissed from service. Against the order of his conviction, the Petitioner filed an appeal. By order dated March 14, 1989 passed by the Addl. Sessions Judge, Balasore, the appeal was allowed and the petitioner was acquitted of the above charge. Thereafter, on July 31, 1989 charge-sheet- cum-suspension order was served upon the Petitioner placing him under suspension with effect from November 12, 1982. By the said order, the earlier order of dismissal of the Petitioner from service was withdrawn and a departmental proceeding was initiated against him. The disciplinary authority, by order dated May 11, 1991 imposed punishment of dismissal from service upon the petitioner vide Annexure-2. Against that order, the petitioner preferred an appeal before opposite party No. 3, who by his order dated April 28, 1995 vide Annexure-3 modified the order of dismissal to an order of termination from service. This writ petition has been filed against the aforesaid order passed by the Appellate authority,

(2.) Mr. Mishra, learned counsel for the petitioner, submitted that the. petitioner having been acquitted by the Addl. Sessions Judge, issuance of charge-sheet on the self-same facts', initiation of a departmental proceeding and termination of service are bad in law and not tenable in the eye of law. In this connection, he relied upon the decision in G.M. Tank v. State of Gujarat and Another, 2006-III-LLJ-1075 (SC). On the other hand, Mr. Dora, learned counsel for opposite party No. 2, vehemently contended that an order of removal from service emanating from a departmental proceeding can very well be passed even after acquittal in a criminal case. To buttress the aforesaid contention, he relied upon the decision in South Bengal State Transport Corporation v. Swapan Kumar Mitra and Others 2006-I-LLJ-1087 (SC).

(3.) Admitted case of the parties is that the FIR was lodged and charge sheet was filed against the petitioner. After his conviction in the criminal case, he was dismissed from service. Subsequently, after the appeal-filed by the petitioner was allowed, the dismissal order was withdrawn. But a departmental proceeding was initiated against the petitioner and he was placed under suspension. The departmental proceeding ended in dismissal of the petitioner from service.