JUDGEMENT
Arijit Banerjee, J. -
(1.) The material facts of the case which are not in dispute are briefly as follows.
(2.) The appellant/writ petitioner joined the respondent Bank in the year 2000. In September, 2014 a lady employee of the Bank lodged an FIR against the appellant alleging commission of an offence under Sec. 354 of the Indian Penal Code (Outraging the modesty of a woman). A warrant of arrest was issued against the appellant. On 3 June, 2015 the appellant surrendered before the Chief Judicial Magistrate, Howrah, and was taken into custody. On 11 June, 2015 the appellant was granted bail.
(3.) On or about 18 January, 2016 the appellant approached the Learned Single Judge by filing WP No. 1021(W) of 2016 contending firstly, that although the management contemplated disciplinary action against him, such proceeding had not been completed; secondly, although he had not been placed under suspension he was prevented from joining his duty; and thirdly, that the Bank after crediting his account with salary for the period November, 2014 till January, 2016, had subsequently deducted the said such amount from his account held with the Bank. The prayers in the writ petition were as follows:-
"(a) Writ of mandamus directing the respondent authorities to allow the petitioner to resume his duties during the pendency of the disciplinary proceedings.
(b) Writ of mandamus directing the respondent authorities to credit Rs. 8.00 Lacs to the account of the petitioner.
(c) Writ of mandamus directing the respondent authorities to provide the petitioner with all the evidence
(d) Order directing the competent authority under the Whistle Blower Protection Act, 2011 to initiate proceedings for the protection of the petitioner.
(e) Writ of mandamus directing the respondent authorities to conclude the disciplinary proceedings with regard to the charges sexual harassment against the petitioner.";
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