JYOTIRMAY BHATTACHARYA,J. - (1.) By consent of the parties, the appeal and the stay application are taken up for hearing together.
(2.) The writ petitioner/respondent No. 1 was an employee of the appellant/Bank. Charges of defalcation of funds were brought against him. Disciplinary proceeding was held. The charges were found to be proved. He was dismissed from service on 21st July, 2007. He challenged the order of dismissal by filing W.P. 21551(W) of 2008. The said writ petition is still pending in this Court.
(3.) In the pending writ petition, the writ petitioner filed an application being CAN 1223 of 2016 praying for release of his provident fund dues, privilege leave, leave travel concession and medical benefits in his favour. The said application was disposed of by the learned Single Judge by an order dated 24th August, 2017, operative portion whereof reads as follows:- "In those circumstances, I am of the opinion that the respondent/Bank cannot withhold the provident fund dues of the writ petitioner. They are directed to release his provident fund dues together with accrued interest within four weeks of this order. I record that the Bank has already released the employee's contribution. They shall release their contribution along with the accrued interest. The Bank will also scrutinize the other retiral dues of the petitioner in accordance with law and release them within a period of eight weeks from date, unless by a departmental decision it has been specifically held that loss has been caused by the petitioner to the Bank and that such amount is to be deducted from the petitioner's benefits. In that event that particular amount is to be deducted and the rest shall be released to he petitioner. If such a decision is existing, the entire amount as admissible will be released to the petitioner within the aforesaid period.";