(1.) The petitioner being as employee of Untied Commercial Bank was suspended by an order of suspension issued on December 22nd, 1990 by the Assistant General Manager. Competent Authority of the Bank in exercise of the powers conferred upon him by Regulation 12 of UCO Bank Officer Employees (Discipline and Appeal) Regulations. 1976. It was also stated in the said suspension order that the petitioner shall not leave the head-quarters without previous permission from the Assistant General Manager.

(2.) Thereafter another order was passed on June 3rd, 1991 in which it was stated that the disciplinary proceeding was contemplated against the petitioner and a case against the petitioner in respect of a criminal offence at Rajabazar Branch has subsequently, come under Investigation/inquiry by the Central Bureau of Investigation (shortly termed as CBI).

(3.) It was also stated In the order of Assistant General Manager that in exercise of the powers conferred on him by Regulation 12 of the UCO Bank Officer Employees (Discipline and Appeal) Regulations 1976, the suspension of the said Shri Das from; service, shall, also be treated as suspension where a case against him in respect of criminal offence is under Investigation/inquiry.

(4.) The Petitioner alleged in the writ petition that there was prolonged suffering of the suspension by the petitioner and the petitioner through his learned Advocate demanded justice from the authorities and it was also stated in the said letters that delay should not be there in completing the proceeding.

(5.) The Petitioner stated in the writ petition that the criminal case lodged by CBI against the petitioner before the learned Judge, Calcutta, 2nd Special Court being Case No. 2 of 1993 was dismissed by the competent Court of law by Order No. 34 dated 28-2-1995 on the ground of lack of jurisdiction.

(6.) According to. the petitioner, on 23-6-1995 the petitioner made an application before the Chairman, UCO Bank with copies thereof to the Chief Officer (Personnel) and the Assistant General Manager praying inter alia that as the criminal case, which was the root of suspension had been dismissed by the competent Court of law and there is no criminal case against him, the competent authority should consider the matter in the proper perspective and should withdraw the order of suspension with immediate effect.

(7.) According to the petitioner, thereafter he sent several reminders with the same prayer on 30-11-1995, 8-3-1996 and 21-5- 1996.

(8.) The. petitioner further alleged that on 26-2-1991 the Manager, UCO Bank served the petitioner with a copy of charge-sheet alleging inter alia that on the basis of a source Information F.I.R. has been lodged by the CBI authority against the petitioner stating therein that while the petitioner was attached to Rajabazar Branch of the Bank, one Ganesh Chandra Ghose opened an account on 11-7-1989 and deposited a sum of Rs. 20. The said account was Introduced by Sri B.K. Das, petitioner. The total transaction was about Rs. 2,500 up to 24-9-1990 and after that in between 10-11-1990 and 10-12-1990 a total sum of Rs. 1,20,000 was falsely shown to have been deposited in Ledger on different dates. Subsequently, a sum of Rs. 1,20,000 was withdrawn from the said Account. Upon receiving the source Information an inquiry was conducted by the CBI authorities and came to know that while the petitioner was posted at Rajabazar Branch during the period 1989 to 1990 he prepared forged numerous withdrawal slips relating to the said S.B. A/C No. 8588 and by forging the signature of the real account-holder withdrew a sum of Rs. 1,89,875 from the said Account and as such a prima facie case has been made out under sections 420/467/468/471/477A of the Indian Penal Code. The CBI authority also prayed before the competent authority to initiate proceeding against the said offence and accordingly the competent authority accorded sanction by order dated 31-3-1993.

(9.) The learned Judge