BIJAN BIHARI BHATTACHARJEE Vs. UNITED BANK OF INDIA

JUDGEMENT

(1.) The present appeal is directed against the judgment and order dated 6/5/1997 passed by the learned Single Judge in Civ. Rule 82/90.

(2.) The petitioner-appellant was an ex-service man and was engaged as a house guard in the United Bank of India at Dharmanagar. While serving as House guard it is alleged that the petitioner-appellant has forged three withdrawal form at different dates and had withdrawn an amount of Rs.1000/- against each forged withdrawal form. The Bank authority filed two criminal case against the petitioner-appellant - one is a complaint case and other is a case filed before the Police. The complaints were made some time in the year 1978. It is submitted by Mr. Biswas, learned counsel for the petitioner-appellant that in one case, the petitioner-appllant was acquitted in the year 1987 and after acquittal, disciplinary proceedings were drawn up against the petitioner-appellant Mr. Biswas further submits that Bank authority has committed illegality by framing charge against the petition appellant before conclusion of the second criminal case. It is, however, submitted by Mr. Biswas that in the second criminal case also, the petitioner-appellant was acquitted on 27.6.90, but before the acquittal in the second case, the disciplinary authority dismissed the petitioner from service by an order dtd. 22.1.90.

(3.) In the appeal, Mr. Biswas has argued two points namely, (1) the authority should not have started the departmental proceeding before the ending of the criminal case filed against the petitioner and (2) the Enquiry Officer did not properly appreciate the evidence adduced before him particularly the "Hand writing expert."