HIGH COURT OF TRIPURA AGARTALA WP(C) No.183 of 2023 Sri Jiban Krishna Banik ….Petitioner(s) Versus Tripura Gramin Bank and 2 Ors. ….Respondent(s) For the Petitioner(s) : Mrs. R. Chakraborty, Advocate For the Respondent(s) : Mr. A.R. Barman, Advocate HON’BLE MR. JUSTICE ARINDAM LODH Order 30/03/2023 Heard Mrs. R. Chakraborty, learned counsel appearing for the petitioner. Also heard Mr. A.R. Barman, learned counsel appearing for the respondents. By means of filing the present writ petition, the petitioner has sought for following reliefs: “(i) Issue Rule, calling upon the Bank-respondents and each one of them, to show cause as to why a Writ of Certiorari and/or in the nature thereof, shall not be issued, for directing them, to transmit the records, lying with them, for rendering substantive and conscionable justice to the petitioner, and for quashing/setting aside the impugned Letter dated 16.11.2022, the impugned Minutes dated 19.11.2022, the impugned Enquiry Report dated 23.11.2022 & the impugned Final Order dated 24.11.2022(Annexures-9, 10, 11 & 12 respectively supra); (ii) Issue Rule, calling upon the Bank-respondents and each one of them, to show cause as to why a Writ of Mandamus and/or in the nature thereof, shall not be issued for mandating/directing them, to comply with the Judgment & Order dated 08.08.2022 (Annexure-5 supra), and further for mandating/directing them, to forthwith revoke/rescind the impugned Letter dated 16.11.2022, the impugned Minutes dated 19.11.2022, the impugned Enquiry Report dated 23.11.2022 & the impugned Final Order dated 24.11.2022 (Annexures-9, 10, 11 & 12 respectively supra), and thereby restoring the status of the petitioner, and further to grant all the benefits, including the consequential & monetary benefits, including the arrears thereof, to the petitioner; (iii) Call for the records, appertaining to this writ petition; (iv) After hearing the parties, be pleased to make the Rule absolute in terms of (i) & (ii) above; (v) Costs of and incidental to this proceeding; (vi) Any other Relief(s) as to this Hon’ble High Court may deem fit and proper;” This case has a chequered history. The disciplinary proceeding initiated against the petitioner could not be completed within reasonable period of time. On being approached, this Court passed a direction upon disciplinary authority/respondents to complete the proceeding. This Court had passed further direction to complete the proceeding by 26.11.2022. It is found that the respondents-Tripura Gramin Bank was sitting idle with the proceeding for long period. Suddenly, to comply the Court’s order they woke up from the slumber and tried to conclude the proceeding very hastily and hurriedly. From the records, I find that the petitioner has been deprived of reasonable opportunity to submit his reply in response to the show-cause notice accompanying the enquiry report furnished by the inquiring authority. It is apparent on the face of the record that not even one day was given to the petitioner to submit his reply to the show-cause notice. It is settled that fairness is the soul of all executive actions. The petitioner was not even given reasonable opportunity to have the copies of prosecution witnesses and to cross-examine the said witnesses. In view of this, I am inclined to further extend the date for completion of the proceeding. Accordingly, I direct the respondents to furnish the enquiry report along with the copies of the depositions to the petitioner within a period of 7(seven) days from today. On receipt of the copies of the depositions, further 2(two) weeks time is allowed to the petitioner to cross-examine the prosecution witnesses. After completion of cross-examination, the disciplinary authority shall provide fresh show-cause notice to the petitioner allowing him a reasonable time to reply to such show-cause notice. It is made clear that the petitioner shall not pray for any adjournment and to assist the inquiry authority in terms of the above directions. With the aforesaid directions, the instant writ petition stands disposed. JUDGE Snigdha