IN THE HIGH COURT AT CALCUTTA (CONSTITUTIONAL WRIT JURISDICTION)

APPELLATE SIDE Present:

The Hon’ble Justice Partha Sarathi Chatterjee WPA 5529 of 2011 With CAN 1 of 2023 Tapan Kumar Das -Vs.-

Durgapur Steel People’s Co-operative Bank Ltd & Ors.

For the Petitioner : Mr. Ujjal Ray, Mr. Atreya Chakraborty.

For the Respondent No. 5 : Mr. Dilip Kumar Chatterjee, Mr. Abir Chatterjee, Mr. Durgabhusan Mukherjee.

(Appeared on 24.03.2025)

Heard on : 20.02.2025 Judgment on : 24.03.2025 Partha Sarathi Chatterjee, J.:-

Prelude :

1. In invoking the extraordinary jurisdiction of this Court, the petitioner, through the present writ petition, challenges the propriety and justifiability of the disciplinary proceedings initiated against him, including the charge-sheet dated 23rd November, 2009, the Enquiry Report communicated to him via a memo dated 6^th October, 2010, and the final order of dismissal from service. The petitioner also seeks the quashing of these documents and prays for the issuance of a writ of mandamus, commanding his reinstatement to the position from which he was dismissed.

Facts

2. Before addressing the contentious issue involved in the writ petition, the key facts emerging from the pleadings of the parties and the documents relied on by them that need to be adumbrated.

Contents of writ petition:

i) While serving as Executive Grade-IIA (Deposit) in the Durgapur Steel People's Co-operative Bank Limited (hereinafter referred to as 'the Bank'), the petitioner was served with a charge-sheet dated 23^rd November, 2009 by the Chief Executive of the Bank. The charge-sheet contained two articles of charge, which are as follows:

a) On 27.06.2009, while working as Executive Grade IIA (Deposit) at the Head Office of the bank, Sri Tapan Kumar Das received a withdrawal slip for the withdrawal of Rs. 3,90,000/- from SB Account No. 17. He put his initials on the left-hand corner of the slip but failed to verify its authenticity or ascertain the identity of the person who presented it. In gross violation of standard procedures, Sri Das did not verify the Left Thumb Impression (LTI) as required. Without making any comments or providing the necessary accompanying intimation notice, he passed the instrument for payment. As a result, Rs. 3,90,000/- was paid from Counter No. 24 on the same day, 27.06.2009. The holder of the account has denied having issued the withdrawal slip for Rs. 3,90,000/- and also denied receiving the said amount from the payment counter.

Consequently, the petitioner was charged with gross negligence and putting the bank to likely loss which is a major misconduct in terms of Clause 27(J) of the Service Rules of the Bank.

b) On 27.06.2009, while working as Executive Grade IIA (Deposit) at the Head Office of the Bank, Sri Tapan Kumar Das received a withdrawal slip for the withdrawal of Rs. 3,90,000/- from SB Account No. 17, held by Sri Sunil Kumar Dhibar. However, Sri Tapan Kumar Das failed to verify whether the withdrawal slip was presented in person by the account holder, Sri Sunil Kumar Dhibar, and did not ensure that the withdrawal slip was accompanied by the necessary intimation notice.

Instead of following proper procedures, he simply put his initial signature on the left-hand corner of the slip without verifying the physical presence of the account holder or checking for any accompanying intimation notice. He then passed the instrument for payment without providing any instructions or direction to pay.

Sri Sunil Kumar Dhibar, the holder of SB Account No. 17, has categorically denied presenting any withdrawal slip or intimation for the withdrawal of Rs. 3,90,000/- on 27.06.2009, and has lodged a complaint with the local police station regarding the matter.

As a result, Sri Tapan Kumar Das is charged with gross misconduct due to his negligence in failing to adhere to established verification procedures.

ii) The charge-sheet, inter alia, notified the petitioner of an inquiry to be conducted against him in relation to charges, which he did