SAMBUDDHA CHAKRABARTI,J. - (1.) In the present writ petition the petitioner has, inter alia, prayed for a writ in the nature of certiorari for transmission of record to this Court so that the order dated April 7, 2015 issued by the respondent no. 2 and the order dated March 3, 2014 issued by the respondent no. 3 respectively may be set aside and a writ in the nature of mandamus for quashing the above two orders.
(2.) The petitioner is a joint venture company and is engaged in the business of manufacturing, selling and leasing containers and equipments. Sri Gopal Krishna Mukherjee, i.e., the respondent no. 5 was in the employment of the petitioner company from the year 1995. In August, 2006, the Board of Directors appointed him as Manager and Chief Operating Officer and in the next year he was nominated to be appointed as the Managing Director and Chief Executive Officer on the Board of the petitioner company. On November 10, 2009, he submitted his resignation giving three months' notice and on November 20, 2009, some senior management executives of the company disclosed to its Chairman that some of its outstandings as shown in the accounts of the company were not collectable as these were fictitiously created with a view to inflating profits. Other financial irregularities were also brought to the fore.
(3.) The Board of Directors, therefore, decided to initiate an independent enquiry which started in December 2009. Various incriminating materials were unearthed against the respondent no. 5 which resulted in substantial financial loss to the company and substantial financial gain to himself by misusing his power. The petitioner has given details of the alleged financial manipulations by the respondent no. 5 as a result of which the company has suffered huge loss on various counts. For the present purpose it is not necessary to enter into the details of the alleged misconduct on the part of the respondent no. 5. Suffice, however, it to say that after receiving the draft report of enquiry, the Board of Directors decided to initiate an appropriate legal action against the respondent no. 5 for defalcating and embezzling huge sums of money from the company and fraudulently manipulating accounts of the company leading to his wrongful personal gains and losses to the company. An application under Section 156(3) of the Code of Criminal Procedure was filed against the respondent no. 5 before the Learned Chief Metropolitan Magistrate at Kolkata under various provisions of law. Subsequently, a First Information Report was lodged with the concerned Police Station against the respondent no. 5 and other persons. ;