NISHITA MHATRE, J. - (1.) The issue before the Court is whether an employee who has been acquitted in a criminal trial of charges under Sections 409 and 420 of the Indian Penal Code is entitled to have the disciplinary proceedings pending against him quashed.
(2.) The learned Single Judge of this Court, against whose judgment the present appeal has been filed, has not accepted the contention of the appellant that the disciplinary proceedings against him should be dropped as he was acquitted in a criminal trial and has dismissed the writ petition. While doing so, the learned Judge has held that the appellant was liable to pay costs assessed at Rs.50,000/ - to the West Bengal Legal Services Authority and a further amount of Rs.1,00,000/ - as punitive costs in the event the charges levelled against him in the departmental action were established, apart from any order of punishment which the Bank would impose.
(3.) Being aggrieved by the order of the learned Single Judge the appellant has preferred the present appeal. The facts leading up to the present case are as follows: The appellant was appointed as a clerk in the respondent Bank on 6th September, 1990 and was posted in the State of Sikkim. He was promoted to the post of Assistant Manager and was posted at the New Jalpaiguri Branch from 16th December, 2012. During his period of service as an Assistant Manager at the aforesaid branch, certain illegal transactions were undertaken by him between the period October 2013 and December 2013 allegedly with the intention to defraud the Bank. He was therefore transferred on 9th December, 2013. Immediately thereafter on the next day, i.e., on 10th December, 2013 the appellant was suspended as he had allegedly committed misconducts of a serious nature by indulging in fraudulent transactions in multiple accounts by using the password of other members of staff of the Branch. Though the appellant reported for the duty at the place of transfer because of the transfer order, he was not permitted to work. A complaint was lodged by the Senior Manager with the police alleging that the appellant had committed criminal breach of trust, cheating and fraud and that some of the colleagues in the Bank were also involved. Accordingly, Bhaktinagar Police Station case No.2082 of 2013 was registered against the appellant under Sections 409 and 420 of the IPC.;