The judgment establishes the principle of not holding an accused guilty before conviction and emphasizes the need for fair treatment and evidence in legal actions.

JUDGMENT

Sabyasachi Bhattacharyya, J. - The petitioner is a legal practitioner and has been an empanelled advocate of different nationalized and private sector banks, including the State Bank of Bikaner and Jaipur (subsequently merged on April 1, 2017 with the State Bank of India) and other subsidiaries of the State Bank of India (Respondent no. 1).

2. The petitioner alleges that the State Bank of Bikaner and Jaipur had been engaging the petitioner in various legal assignments till its merger with the State Bank on April 1, 2017, without giving any indication to the petitioner of the report which allegedly led to the inclusion of the petitioner's name in the impugned caution list.

3. In the year 2018, it is alleged in the writ petition, the petitioner learnt of a letter, bearing no. FMC/2300 dated January 2, 2014, issued by the then State Bank of Bikaner and Jaipur to the Indian Banks' Association (IBA), being Respondent No. 5, with an advice to place the petitioner's name in the IBA Caution List of Third Party Entities involved in frauds. The petitioner wrote to ascertain the facts, on which the Deputy Chief Executive, IBA (Respondent no. 6) replied, vide letter no. OPR/MC-SEC/TPE/6311 dated November 15, 2018, informing that the petitioner had been so listed on the report of the State Bank of Bikaner and Jaipur (since merged with Respondent no. 1), which was circulated to all members of the IBA vide communication no. LEGAL/CIR/Fr/1/8664 dated January 16, 2014. The IBA asked the petitioner to approach the Respondent no. 1-Bank for removal of his name from the list.

4. The petitioner accordingly corresponded on several occasions with the Respondent no. 1-Bank but was supplied with no supporting document with regard to the enlistment. Rather, by a letter dated February 26, 2020, the Assistant General Manager (CPM) of the State Bank asked the petitioner to disclose why his name was included in the list and details of the case, correspondence, etc. as well as a copy of the reference made to the IBA on January 2, 2014 and other related documents.

5. Further correspondence followed between the petitioner and respondent no. 1 and the Deputy General Manager and CCO of the State Bank (Respondent No. 3), by a letter dated September 1, 2020, informed the petitioner merely that, in the light of three TIRs (Title Investigation Reports) authored by the petitioner for e-SBBJ and eSBP, the bank was examining the petitioner's "appeal" and would revert back to the petitioner in the matter "in due course". However, the Bank did not revert back to the petitioner, upon which the petitioner again requested the Bank in writing to settle the issue at the earliest. The subsequent communications from the end of respondent no. 1 were evasive, reiterating the enlistment of the petitioner in the caution list without affording any explanation or supporting document, it is alleged.

6. Ultimately the petitioner served a demand notice dated November 17, 2020 on respondent no. 1, inter alia requesting removal of the petitioner's name from the caution list, but to no effect. Hence, the present writ petition.

7. Learned counsel for the petitioner contends that the inclusion of the petitioner's name in the caution list was done behind the petitioner's back, without any hearing being given to him. Even subsequent to such purported inclusion, nothing was communicated to the petitioner regarding the recommendation of the erstwhile State Bank of Bikaner and Jaipur and the consequent inclusion of the petitioner's name in the said list. Rather, the bank had been regularly assigning legal work to the petitioner till its merger with respondent no. 1 on April 1, 2017. The petitioner came to know of such inclusion only thereafter and as such had no occasion to move court earlier in that regard.

8. It is reiterated by counsel that the petitioner is a respectable man and has been in the legal profession, working with some repute for about 42 years. The enlistment of the petit