Calcutta High Court (Appellete Side)
(Bikash Chandra Sinha vs Contai Co-Operative Bank on 17 September, 2019
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08 17.09.2019 C.A.N. 886 of 2019
pg in
M.A.T. 47 of 2019
(Bikash Chandra Sinha vs. Contai Co-operative Bank
Limited & Ors.)
Mr. Soumya Majumder
Mr. Victor Chatterjee........for the appellant-applicant
Mr. Tapan Kr. Mukherjee
Mr. Somnath Naskar...............for the State
Mr. Joydip Kar
Mr. Bilwadal Bhattacharya
Mr. Sayak Chakrabarti...........for the Cooperative Bank
Affidavit has been filed by the appellant-
applicant in compliance with the earlier order dated
September 11, 2019. We have perused the said affidavit,
which reveals that the appellant-applicant had the
occasion to meet the investigating officer on February 10,
2018 when, however, his attendance was not recorded.
Mr. Tapan Kr. Mukherjee, learned Additional
Government Pleader, upon obtaining instructions from
the officer investigating Nandigram Police Station F.I.R.
No. 294 of 2013 dated September 18, 2013 under sections
406/409/420/468/471/120B of the Indian Penal Code
submits that the appellant-applicant was earlier called to
facilitate free, fair and proper investigation as a witness
but now that there are ample materials collected against
him and there is a possibility of the appellant-applicant
being shown as an accused, his interrogation was
necessary but he did not respond resulting in the charge-
sheet not having been filed.
Insofar as the investigation is concerned, we
leave it to the discretion of the investigating officer and
observe that the law will take its own course.
Regarding release of retiral benefits in favour
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of the appellant-applicant, we have been informed by Mr.
Kar, learned senior advocate appearing for the cooperative
bank that in excess of Rs. 7,00,000/- on account of
provident fund has been released in favour of the
appellant-applicant and that Rs. 9,51,366/- towards
employer's share of provident fund, Rs. 7,98,428/- on
account of Gratuity and Rs. 3,45,986/- on account of
leave encashment are yet to be released.
Having regard to the nature of the order
under challenge before us, we are of the opinion that the
appeal is required to be heard.
As and by way of an interim measure, we
direct the cooperative bank to release the gratuity amount
to which the appellant-applicant is entitled. For such
purpose, the appellant-applicant may meet the Secretary
of the cooperative bank on September 24, 2019 at 12.00
noon when a cheque for the said amount shall be handed
over to him.
A statement of the provident fund dues shall
also be furnished to the appellant-applicant by the
cooperative bank.
However, such payment and acceptance by
the parties shall be without prejudice to their rights and
contentions in the appeal.
In view of the above order, the application for
stay (C.A.N. 886 of 2019) stands disposed of. There shall
be no order as to costs.
Since all the respondents are before us,
service of notice of appeal on them is dispensed with.
The appeal shall be treated as ready 3 regarding service.
Let adequate number of informal paper books-printed, typewritten or cyclostyled containing all the papers that were available before the writ Court be filed by the appellant-applicant within four weeks after vacation with copy to the respondents.
Once the paper books are served on the respondents, the parties shall have the liberty to mention the appeal for hearing before the appropriate bench. (SAUGATA BHATTACHARYYA, J.) (DIPANKAR DATTA, J.)