JUDGMENT

Altamas Kabir, J.

1. Leave granted.

2. The short point for decision in this Appeal is whether an employer can take disciplinary action against an employee in regard to acts purported to have been done by him in his previous employment in an affiliated society.

3. The Respondent No.1 herein was an employee of Raipur Krishi Unnayan Samity (hereinafter referred to as “the Samity”), a cooperative society affiliated to the Burdwan Central Cooperative Bank, the Appellant herein. Under its Recruitment Rules, the Bank was entitled to recruit people from the affiliated societies through a regular recruitment process. In the recruitment process held in 1997, the Bank appointed the Respondent No.1 as a Grade III Staff of the Bank by an appointment letter dated 8th September, 1997. On being offered the said appointment, the Respondent No.1 left the services of the Samity where he was working and joined the Bank pursuant to the appointment letter issued to him.

4. While the Respondent No.1 was serving in the Bank, the Assistant Registrar, Cooperative Societies, Burdwan-I, lodged a complaint with the Bank that during an enquiry conducted by the Registrar of Cooperative Societies, it had