IN THE HIGH COURT AT CALCUTTA

CONsTITUTIONAL wRIT JURIsDICTION

Present :

THE HON’BLE JUSTICE ARINDAM MUKHERJEE

WPO 211 of 2021

SUVASISH DASGUPTA

Vs.

UCO BANK & ORS.

For the Petitioner : Mr. Soumya Majumder, Sr. Adv.,

Mr. Mainak Ganguly, Adv. Ms. Ledia Dasgupta, Adv.

..... Advocates

For the Respondents : Mr. Soumen Das

Mr. Sourjya Roy,

….. Advocates

Heard on : 31st July, 2025

Judgment on : 13th August, 2025

Arindam Mukherjee, J:

Facts of the Case:

1. The petitioner while working as Assistant General Manager, Compliance Department, Head Office, Kolkata of UCO Bank was served with a suspension order dated 15th December, 2017 said to be issued by the General Manager, HRM & OL being the competent authority under the provisions of Regulation 12 of UCO Bank Officer Employees’ (Discipline & Appeal) Regulations, 1976 (hereinafter referred to as the said Regulation). The suspension was with immediate effect. The petitioner thereafter was served with a memo dated 9th November, 2018 informing the petitioner that the respondent-bank proposed to hold an enquiry against the petitioner under the provisions of the said Regulation. The statement of allegations at page 31 of the writ petition on which enquiry was proposed to be held and the articles of charge were also served along with the said letter. The petitioner was asked to reply to the said letter to substantiate his defence.

2. In total four charges were framed against the petitioner which are as follows:

1) “Shri Suvasish Dasgupta (EMP no. 38990) had failed to take all possible steps to ensure and protect the interest of the Bank and acted in a manner unbecoming of a Bank Officer, which is violative of Regulations 3 (1) of UCO Bank Officer Employees’ (Conduct) Regulations, 1976 as amended.

2) Shri Suvasish Dasgupta (EMP no. 38990) had failed to discharge his duties with utmost devotion and diligence which is violative of Regulation 3(1) of UCO Bank Officer Employees’

(Conduct) Regulations, 1976 as amended.

3) Shri Suvasish Dasgupta (EMP no. 38990) had failed to discharge his duties with utmost integrity and honesty which is violative of Regulation 3 (1) of UCO Bank Officer Employees’

(Conduct) Regulations, 1976 as amended.

4) Shri Suvasish Dasgupta (EMP no. 38990)while his official duties had acted otherwise than in his best judgment, which is violative of Regulation 3 (3) of UCO Bank Officer Employees’

(Conduct) Regulations, 1976 as amended.”

3. The petitioner replied to the said charge-sheet by a letter dated

22nd November, 2018 (page 57 of the writ petition). The Disciplinary Authority (in short D.A.) being the General Manager Personal Service Department after considering the petitioner’s reply found the same to be unsatisfactory and decided to conduct an enquiry into the matter in terms of sub- regulations 2 and 6 of regulation 6 of 1976 Regulation. Sri. R.C. Nayak , Deputy General Manager was appointed as the Enquiry Officer (in short E.O.) while Sri Aseem Kumar Mishra, Assistant General Manager was appointed as Presenting Officer (in short P.O.) this decision was communicated to the petitioner by an order dated 5th January, 20198 which is at page 50 of the writ petition.

4. The E.O. held the proceedings and filed his report dated 21st September, 2019 which is at page 93 of the writ petition. The E.O. found that the charges against the petitioner were proved. The D.A. forwarded the Enquiry Report and obtained petitioner’s views. The D.A. after considering the petitioner’s reply by an order dated 26th December, 2019 imposed major penalty against the petitioner by removing him from service. The petitioner challenged the said order before the Appellate Authority which was dismissed by an order dated 8th September, 2020 upholding the order of the D.A.

Submission of Petitioner:

It is submitted by the petitioner that the following charges were levelled against the petitioner.

a. Allowing unauthorized debits in various General Ledger Heads and making fraudulent transactions, and finally crediting the same to personal