JUDGMENT :

Apurba Sinha Ray, J. :

1. The factual matrix of this case is that the appellant took loan from Krishnanagar City Cooperative Bank after mortgaging gold ornaments along with others. Initially the appellant was unable to liquidate the outstanding dues, and according to him, he time and again requested the bank authority to reduce the amount of outstanding dues for enabling him to liquidate all the outstanding dues but it is alleged that such request was not paid heed to. It was subsequently found that fake gold was submitted by the appellant for the purpose of obtaining loan from the bank and for which the appellant, who was an employee of the said bank, was dismissed from service. However, by an order of the Hon’ble Court the appellant was reinstated but subsequently at the time of superannuation, his outstanding loan amount was deducted from the amount of gratuity. It was also alleged on behalf of the appellant that in similar circumstances, the Hon’ble High Court passed favourable orders in respect of two accused persons after payment of their outstanding dues. The decision of the High Court in one of such cases was affirmed by the Hon’ble Supreme Court. If that be so, th