S.K. Sen, J. - (1.) This appeal is directed against a judgment and order dated 30th November, 1998 passed by learned single Judge whereby the writ petition was allowed and the order of the appellate authority, the order of the Disciplinary Authority as also the findings of the Enquiry Officer were set aside and the following directions were passed :- "As agreed to by the counsel for the parties, for the purpose of examining genuineness of the documents produced before this Court by Mr. Sengupta, the documents may now be sent to the Government handwriting and questioned Documents Expert, whose report may be taken into consideration. All the disputed documents shall be sent to the Government Handwriting and Questioned Documents Expert. Parties shall be at liberty to submit their written briefs upon receipt of the report of the said expert. At the request of this Court, learned counsel for the petitioner as also the respondent bank had put their initials on the said documents. Parties, if they so desire, may pray for adduction of fresh evidence before the Enquiry Officer, which the Enquiry Officer may allow upon taking into consideration the relevance thereof. The Enquiry Officer shall consider the submissions made by the parties in terms of their aforementioned written briefs and submit enquiry report to the disciplinary authority upon considering all the materials in records, pass an a copy whereof may be served upon the petitioner. The petitioner shall, within 2 weeks, from the date of receipt of copy of the enquiry report, may submit his representation in writing there-against, whereafter the disciplinary authority upon considering all the materials on records pass an appropriate order. The respondents shall be at libery to pass an order of suspension as against the petitioner. Let plain copy of operative portion of this judgment counter-signed by Assistant Registrar (Court) be given to learned counsel for the parties, on usual undertaking. Urgent xerox certified copy be supplied on priority basis."
(2.) Shortly stated the facts involved in this appeal inter alia are that four charge-sheets dated 12.12.1987, 5.11.1988, 23.3.1999 and 35.5.1989 were issued in quick succession against the writ petitioner/respondent, Debasis Das, Accountant, Canara Bank.
(3.) Disciplinary proceedings were initiated with regard to charge-sheet dated 5.11.1988 which contained allegation of not vacating in time, the residential flat provided by the bank culminating in an order of dismissal. This proceeding including the order of dismissal was challenged by the writ petitioner/respondent. Mr. Monoj Kumar Mukherjee, J. as he then was, was pleased to set aside the order.;