ORDER

Date : 29-09-2021 (N. Kotiswar Singh, J.)

Heard Mr. D. Das, learned Senior counsel, assisted by Mr. P. Choduhury, for the appellant. Also heard Mr. A. Ganguly, learned Standing Counsel, Punjab National Bank.

2. The present appeal has been preferred against the judgment and order dated 19.03.2021 passed in WP(C) No.4825/2016 whereby the learned Single Judge has dismissed the petition of the petitioner on the ground of laches and/or delay.

3. Considering the nature of the case and after hearing learned counsel for the parties, we are of the view that the present appeal can be disposed of at this stage on the basis of the materials available on record.

4. Before we deal with the merit of the appeal, it may be apposite to refer, in brief, certain relevant facts.

5. The appellant was earlier appointed as a Clerk-cum-Godown Keeper in the New Bank of India, Mahabir Market Branch, Fancy Bazar on 22.09.1978. Thereafter, his service was confirmed on 09.05.1979. Subsequently, the New Bank of India got merged with Punjab National Bank on 04.09.1993. Accordingly, the appellant was offered to join the newly merged Punjab National Bank. However, the appellant declined to join the Punjab National Bank resulting in passing of the order of Voluntary Retirement from Service by the Punjab National Bank vide order dated 13.06.1994. Thus, it is clear that the appellant was voluntarily retired from service by order dated 13.06.1994 to which the appellant did not raise any objection. After the appellant was given voluntary retirement, an FIR was lodged in the year 1995 in connection with certain misappropriation of fund to the tune of Rs.9,71,693.93/-in which the appellant was also implicated. On completion of investigation, the appellant was charge-sheeted by the Court of Special Judge (CBI), Assam in Special Case No.28(C)/1997 under Sections 420/468/471/477-A of the IPC read with Section 13(1)(d) of the PC Act, 1988.

The appellant was convicted by the learned Special Judge, CBI vide order dated 27.10.2003.

6. Being aggrieved by the said conviction, the appellant preferred an appeal before the Gauhati High Court, as the appellate Court being Crl. Appeal No.353/2003, which was allowed by the Appellate Court vide judgment and order dated 27.10.2003 by setting aside the conviction of the appellant by giving benefit of doubt. Consequently, the appellant, though by way of benefit of doubt, stood acquitted from all the charges.

7. The prosecuting agency (CBI) being aggrieved by the acquittal of the appellant, preferred an SLP before the Hon’ble Supreme Court vide CRLMP No.3931/2015, which was, however, dismissed by the Hon’ble Supreme Court vide order dated 20.03.2015. Thus, there was no criminal liability as far as the appellant is concerned.

8. Subsequently, in the meantime, the Bank also instituted a Money Suit being Money Suit No.147/1998 for recovery of an amount of Rs.15,68,615/- before the Civil Judge (Senior Division) No.2, Guwahati. However, the said Suit was also dismissed by order dated 23.08.2004 on the ground of non-production of documents. No appeal was preferred against the said dismissal of the Suit. As a consequence, all the criminal as well as civil proceedings initiated against the appellant did not result into any criminal and civil liability against the appellant.

9. The appellant, thereafter, submitted an application to the Punjab National Bank authorities on 21.03.2016 claiming, amongst others, for revocation of the termination order, medical benefits, payment of full wages, provident fund, gratuity, retirement benefits, etc., which was, however, not acceded to by the Bank authorities.

10. In the meantime, the appellant also got information through an application filed under the Right to Information Act, 2005 that the appellant is, otherwise, entitled to Rs.51,519/- towards provident fund, which was adjusted by the Bank authorities towards recovery against the alleged misappropriated amount of Rs..9,71,693.93/-. Similarly, in respect of