AMIYA GOHAIN BORAH Vs. UNITED BANK OF INDIA

JUDGEMENT

(1.) THE proceedings in succession by the same petitioner, witness a challenge to her suspension, refusal of her request to be represented by a legal practitioner in the related departmental inquiry, as well as her posting at Staff Training College, Kolkata following revocation of her suspension in between. This Court by order dated 05.10.2007, passed in WP(C) No. 4983/2007, had stayed the petitioner's transfer. Her suspension having, in the meantime, been revoked, the assailment stands confined in praesenti to the rejection of the petitioner's prayer for representation by legal practitioner and her transfer to Kolkata.

(2.) I have heard Mr. A. M. Mazumdar, Senior Advocate assisted by Ms. D. Borgohain and Mrs. M. Borah, Advocates for the petitioner and Mr. S. Dutta, learned Standing Counsel, United Bank of India for the respondents.

(3.) IN between, on 21.05.2007, the petitioner by her letter of the even date addressed to the respondent No. 3, sought the liberty to avail the services of a legal practitioner to represent her in defence in the departmental inquiry. This was, however, turned down by the aforementioned authority by his letter dated 08.06.2007. The petitioner has asserted that due to her poor health for quite some time, she was unable to attend to her case appropriately, so much so that she could not even visit the office to collect her subsistence allowance. According to her, the doctors as well, had advised her not to take any physical strain. It was in this premise that she pleaded for being allowed to be represented by a legal practitioner in the deparmental proceeding on human considerations. The petitioner referring to Rule 7 of the United Bank of INdia Officer Employees' (Discipline and Appeal) Regulations, 1976 (hereafter for short referred to as the 'Regulations'), has insisted that in terms thereof, as well as in compliance of the dictum of fairness in action, her request ought to have been acceded to and that the denial thereof, is per se, arbitrary, whimsical and unconstitutional. As the process remained in limbo to the prejudice of the petitioner, she being aggrieved by the inexplicable delay, approached this Court with WP(C) No. 4309/2007, impeaching the order of suspension as well as the repudiation of her prayer for a legal practitioner as her defence assistant. The petitioner has averred that on issuance of notice on the said proceeding by this Court, the respondent Bank framed charges against her, as contained in the letter under Ref. No. PD/DIR/1375/6500/2007, dated 30.08.2007. Her suspension, however, was revoked on 01.09.2007, but thereby she was directed to report for duty at the Staff Training College, Kolkata. The petitioner has vouched that as she is suffering from pulmonary tuberculosis and undergoing treatment in connection therewith, she requires family care for early recuperation. Further, she has a school going child in the midst of her academic session and that in case the impugned order of transfer is enforced, not only the same would visit her with immense hardship, but the same would result in total disruption in the family. The petitioner has averred that being a patient of tuberculosis and other bronchial complic-ations, her attending doctor has advised her not to indulge in stressful works. She has stated that in case, she is made to join at Staff Training Centre, Kolkata, she would not be able to perform her duties as a faculty member thereof, as this would inter alia, involve rendering lectures at a stretch for several hours, which her present health condition, would not permit. She has insisted that her posting at Kolkata would further aggravate her bronchial ailments. The petitioner has asserted as well, that her transfer to Kolkata, is not prompted any administrative exigency. Being aggrieved, she has instituted WP(C) No. 4983/2007, impugning her posting at Kolkata on revocation of the order of suspension. As alluded hereinabove, this direction remains in abeyance in terms of the order dated 05.10.2007, of this Court.