DEBASHISH BHATTACHARJEE Vs. VIJAY BANK AND OTHERS

JUDGEMENT

(1.) This writ petition was filed way back in 2003 (21.07.2003) challenging the disciplinary proceeding that was initiated against the petitioner vide charge sheet dated 04.09.2002 (Annexure-X); enquiry report dated 03.03.2003 (Annexure-XVII) and Annexure- XIX notice dated 24.06.2003 proposing the penalty of compulsory retirement from service with superannuation benefits and without disqualification for further employment. The petitioner approached this Court without responding to the Annexure-XIX notice proposing the particular penalty. While entertaining the writ petition by order dated 22.07.2003, the proposed penalty vide order dated 24.06.2003 (Annexure-XIX) was stayed and consequently the writ petitioner remained in service all these years.

(2.) On perusal of the order sheets, it appears that after the said order dated 22.07.2003, the matter was listed on four occasions in the year 2003 and on one occasion in 2004 (31.04.2004). Thereafter the matter was never listed for long more than five years. It was listed on 21.07.2009 and thereafter on 02.03.2010. The matter was again listed on 30.09.2010 on which date none appeared for the petitioner and the Court was inclined to dismiss the writ petition for non-prosecution and in default with the following order:

(3.) The writ petition was restored to file nearly two years thereafter by order dated 06.08.2012 passed in Misc. Case No. 1974/2012. After such restoration of the writ petition, the petitioner filed Misc. Case No. 2998/2012 with the prayer for direction to the respondent Bank to pay the subsistence allowance to the petitioner stated to be withheld from May, 2012. It will be pertinent to mention here that after initiation of the impugned departmental proceeding another proceeding was initiated against the petitioner and by order dated 30.11.2004, the penalty of censure was imposed which was challenged by the petitioner by filing the writ petition being W.P.(C) No. 3363/2005. The said writ petition is still pending for adjudication. The third incident in which the petitioner is involved is the alleged financial irregularity committed by him worth of Rs. 2,60,640.00. Relating to said incident and on the basis of the FIR lodged by the respondent Bank, Silchar P.S. Case No. 1857/2009 has been registered under Sec. 409 Penal Code in connection with which the petitioner was arrested and subsequently was enlarged on bail.