Citation : 2026 Latest Caselaw 2777 Cal/2
Judgement Date : 8 April, 2026
OD-6 ORDER SHEET
WPO No.105 of 2026
IN THE HIGH COURT AT CALCUTTA
Constitutional Writ Jurisdiction
ORIGINAL SIDE
ARUP KUMAR GUPTA
-VS-
THE STATE BANK OF INDIA & ORS.
BEFORE:
The Hon'ble JUSTICE AMRITA SINHA
Date: 8th April, 2026.
Appearance:
Mr. Ranjan Kumar Roy, Adv.
Mr. Ranajit Ray, Adv.
Mr. Indra Prosad Mullick, Adv.
...for Petitioner.
Mr. Subrata Kumar Sinha, Adv.
...for Respondents.
1. The petitioner is a dismissed employee of the State Bank of India. The
order of dismissal was passed in the year 2006. The petitioner, though
challenged the order of suspension, but did not challenge the order of
dismissal in the earlier writ proceeding filed by him in the year 2014.
2. The writ stood dismissed and the order of dismissal of the writ petition
was affirmed by the Hon'ble Division Bench.
3. For the first time, the order of dismissal passed against him in the
disciplinary proceeding has been challenged by the petitioner by filing
the instant writ petition in March, 2026. It has been submitted that
there has been violation of the principle of natural justice. No
opportunity of defence was given to the petitioner. The entire proceeding
was conducted when he was in jail custody.
4. Prayer has been made to set aside the order of dismissal on the ground
of violation of the principle of natural justice.
5. Learned advocate for the bank opposes the submission and prayer of
the petitioner. It has been submitted that the instant writ petition is
gross abuse of the process of law. The petitioner was all along aware of
the disciplinary proceeding and he deliberately did not take part in the
same. The writ petition has been filed after inordinate delay and the
same ought not to be entertained.
6. Prima facie, the Court is of the view that the writ petition has been filed
nearly twenty years after the order of dismissal was passed in the
disciplinary proceeding initiated against the petitioner.
7. To allow the bank to revert with a written report by way of an affidavit
disclosing the timeline of the disciplinary proceeding, the Court directs
the bank to file a report by way of an affidavit within a period of four
weeks from date. Exception, if any, may be filed within a fortnight
thereafter.
8. List the matter for further consideration on 8 th June, 2026.
9. Affidavit of service filed in Court today is taken on record.
(AMRITA SINHA, J.)
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