G.N.Ray, J - (1.) This appeal is directed against order, dated 12th November, 1984 passed in Civil Rule No. 15273(W) of 1984. The respondent Sri Dilip Kumar De moved a writ application inter alia challenging the continuation of the order of suspension passed against him by the Punjab National Bank and also prayed for consequential relief' on revocation of the order of suspension. On the said writ application, the aforesaid Civil Rule No. 15273(W) of 1984 was issued by this Court. It may he noted that the respondent writ petitioner Sri De impleaded Union of India through the Secretary, Government of India, Ministry of Finance, Department of Economic Affairs, Banking Division along with other respondents, via., respondent Nos. 1 to 4 in the writ petition. The aforesaid Rule succeeded before this Court by the impugned judgment passed by the learned Trial Judge on 12th November, 1984, but in the instant appeal preferred by the Chairman and Managing Director, Punjab National Bank and three of its officers the respondent No.1 in the writ petition, the Union of India, has not been impleaded. It appears that during the pendency of the writ proceeding, the learned Trial Judge passed an order on 20th September 1984, inter alia directing the respondents of the writ petition to consider the case of the writ petitioner respondent Sri Dilip Kumar De in the light of the facts and circumstances referred to in the order of the learned Trial Judge. Pursuant to such direction of the learned Trial Judge, the Deputy General Manager (P), Punjab National Bank, had passed an order inter alia holding that the order of suspension passed against Sri De should not remain stayed and/or revoked because such order of revocation of the order of suspension and consequential posting of Sri De would not be in the interest of the Bank.
(2.) It appears from the order passed by the Deputy General Manager (P), Punjab National Bank that the said Deputy General Manager was of the view that delay in disposing of the criminal proceedings against Sri De by the concerned Courts was not on account of any fault on the part of the Bank. It may be noted in this connection that the writ petitioner respondent, Sri De entered the service of Punjab National Bank in 1963 in a Branch Office in Calcutta and after completion of the probation period he was appointed as a probationary clerk-cum-godown keeper sometime in December 1963 and after six months he was made permanent in the Bank's service. Thereafter, the Banking Companies (Acquisition and Transfer of Undertakings) Act 1970 was passed and several Banks including Punjab National Bank were nationalised and since then the said Bank has been functioning as a nationalised Bank. The writ petitioner respondent Sri De contended in the writ petition that in consideration of the meritorious service rendered by him, he was promoted to the rank of Accountant in December 1973 and was posted in the Branch Once of the said Bank at Jodhpur in the State of Rajasthan and thereafter, he was transferred to the Branch Office, Exhibition Road, Patna in November, 1974 and thereafter was again transferred to the Regional Office at Patna in April, 1975. While Sri De had been acting as an Accountant in the Regional Office at Patna, he was selected for the post of next higher rank, i.e., Assistant Manager/Officer-in-charge and he was awaiting such posting order.
(3.) Unfortunately, at this time, by a letter, dated July 28, 1975 the Regional Manager, Punjab National Bank, Patna being respondent No. 5 in the writ petition and the appellant No. 4 in the instant appeal placed Sri De under suspension on and allegation of the complicity of Sri De in some fraudulent transactions in the Bank's Branch at Jodhpur. The petitioner was arrested in connection with a F.I.R. lodged relating to the incident at Jodhpur Branch of the Bank and a criminal case was started against Sri De before the learned Chief Judicial Magistrate, Jodhpur. It appears that on the basis of another F.I.R. lodged sometime in September 1975 by the Bank Authorities at Patna, another criminal case was started in the Criminal Court at Patna. The relevant facts concerning the said two criminal proceedings instituted at Jodhpur and Patna may be stated as hereunder: (I) The Case instituted before the learned Judicial Magistrate, Jodhpur: - (a) F. I. R. lodged on or about July 12, 1975 Second F.I.R on or about August 2, 1975. (b) Charge-sheet was submitted by the police on 29th December, 1975 and further charge-sheet containing full set of charge was submitted in July, 1978. (c) Charges have been framed under Sections 409 and 420 I.P.C. on 17th July 1980 by the learned Magistrate. (II) Cases pending before the learned Judicial Magistrate, Patna: - (a) F. I. R. lodged in September 1975. (b) Charge-sheet submitted by the police in 1980. (c) Charges framed in 1081 under Sections 409, 420, 467 and 468 I.P.C.;