Sahidullah Munshi, J. - (1.) This appeal has come up before me on reference by way of special assignment made by the then Hon'ble Chief Justice by an order dated 10.12.2018 in view of difference of opinion of the Hon'ble Judges of the Division Bench while deciding the appeal. I have heard the respective submissions of the appellant/Bank and the writ petitioner/respondent on the issues raised before the Division Bench while challenging the order of the learned Single Judge allowing the writ petition, as if I was a partner of the Appellate Bench and accordingly, I give my decision.
(2.) The appeal is directed against the judgment and order dated 21st April, 2015 passed by learned Single Judge of this Court whereby the writ petition W.P. No.7288 (W) of 2015 was allowed holding, inter alia, that indefinite period of suspension in case of the petitioner imposed with immediate effect was illegal and thereby setting aside the appellate order impugned dated 18th March, 2015 and the decision of the bank to continue the suspension of the petitioner and further permitting the petitioner to join such duties as the bank may assign to him by the beginning of May, 2015. Liberty was also granted to the bank to transfer the petitioner to some other branch by assigning duties that may not involve any contentious matter. It was directed that the petitioner should be communicated his next place of posting within a period of a week from date. It was held that the petitioner would be entitled to the regular salary emoluments from the day the petitioner resumes his duty. Issues involved in the writ petition were: 1) Whether a due suspension of an employee even on the allegation of bribery can be prolonged without any departmental proceeding and such suspended employee being involved in economic crime with moral turpitude cannot be transferred to any other branch even with lesser responsibility. 2) Whether the petitioner is entitled to get an order of reinstatement having regard to his enlargement of bail.
(3.) As aforesaid the fact involved in this case which has been taken into consideration by the Hon'ble Single Judge emerges from Mogra P.S. Case No. 316 dated 20.08.2014 under Section 7 of the Prevention of Corruption Act, 1988, which culminated into G.R. 1634 of 2014 pending before the learned Chief Judicial Magistrate, Hooghly and in pursuance whereof the petitioner was arrested by the police and since he remained in custody for over 48 hours, the Assistant General Manager and competent Authority issued an order of suspension on 23.08.2014 which was treated to be a deemed suspension on and from 28.08.2014 in terms of Regulation 12(2)(a) of the Allahabad Bank Officer Employees' (Disciplinary and Appeal) Regulations, 1976. The order of suspension issued on 23rd August, 2014 is set out below: "WHEREAS, Sri Sandipta Gangopadhyay, Senior Manager, Adisaptgram Branch has been arrested u/s 7 of The Prevention of Corruption Act-1988 and detained in Police Custody on a criminal allegation vide case No.316 dated 20.08.2014 under investigation by Mogra Police Station. WHEREAS, Sri Sandipta Gangopadhyay is under detention exceeding froty eight hours. NOW, the undersigned in the capacity of Competent Authority places the said Sri Sandipta Gangopadhyay, Senior Manager, Adisaptagram Branch under suspension, which will be under deemed suspension from 20.08.2014 in terms of Regulation 12(2)(a) of Allahabad Bank Officer Employees' (Discipline & Appeal) Regulations, 1976. It is ordered that during the period the suspension remains in force, he will be entitled to Subsistence Allowances only as admissible under the said Regulations. It is further ordered that during the period of suspension, he will not leave his station / Head Quarter without obtaining prior permission from the undersigned and he should notify the undersigned his address for communication. During the period of suspension, he will not enter into the premises of Adisaptgram Branch of the Bank or any other Branch / Office of the Bank and he may only enter the premises of the Branch where his Savings Bank account is maintained with proper permission from the Manager of that Branch for the purpose of operating his Savings Bank account and /or drawing the Subsistence Allowance payable to him, which he will get on furnishing a certificate that he is not engaged in any other employment, business, profession or vacation. Let this order be communicated to Shri Sandipta Gangopadhyay, Senior Manager, Adisaptgram Branch immediately.";