R.V. Raveendran JUDGMENT
R.V. Raveendran, J.
1. This civil appeal by special leave is against the judgment dated 26.2.2001 in M.A.T. No. 4075 of 1998 passed by the High Court of Calcutta.
2. The first respondent was working as Secretary of the Midnapore Peoples' Co-op. Bank Ltd. [Appellant No. 1 herein, for short the 'Bank']. Appellants 2 and 3 are respectively the Chairman and Secretary-in-Charge of the first appellant bank. The first respondent was kept under suspension pending initiation of disciplinary proceedings, in pursuance of a resolution of the Board of Directors of the Bank dated 16.4.1994. The respondent filed a writ petition [C.O. No. 8789(W) of 1995] challenging the suspension, inter alia on the ground that charge-sheet had not been issued. On 27.6.1995, the said writ petition was disposed of recording the submission that the bank was issuing a charge-sheet. The Bank was directed to deliver a copy of the charge-sheet and pay the arrears of subsistence allowance within one week. The first respondent was directed to file his written statement within 10 days. The Enquiry Officer was directed to conclude the enquiry within a period of three months from the date of communication of the order subject to first respondent rendering full cooperation for the conduct of the disciplinary proceedings.
3. A charge-sheet dated 1.7.1995 was issued to the first respondent containing nine charges. The first Respondent filed his written statement on 17.7.1995. The Enquiry Officer completed the enquiry and submitted his report dated 14.9.1995 finding the first respondent guilty of all charges. A copy of the said report was furnished to the first respondent under cover of bank's letter dated 25.9.1995 giving him an opportunity to submit his representation.
4. At that stage, the first respondent filed another writ petition [CO No. 20008 (W) of 1995] before the High Court for quashing the enquiry proceedings alleging bias against the Enquiry Officer (Asit Mahapatra). A learned single Judge of the Calcutta High Court allowed the said writ petition by order dated 9.4.1997 in the following manner:
(i) The enquiry proceedings and the consequential action taken by the Bank were set aside.
(ii) The Chairman of the Bank was directed to appoint someone who is not a member of the Bank's Board of Directors as Enquiry Officer by requesting the Registrar, Cooperative Societies to nominate a suitable officer preferably of the rank of Asst. Registrar of Cooperative Societies, to be the Enquiry Officer. A time bound schedule was indicated for appointment of the Enquiry Officer.
(iii) The Enquiry Officer to be so appointed was required to conduct enquiry de novo by observing all the principles of natural justice and the applicable