Can I file Writ Petition in Calcutta High Court for getting natural justice at this point of time

5 years ago

I lodged a whistleblower complain in Central Vigilance Commission (CVC) portal regarding crores and crores rupees of bank loan frauds committed by my Boss in April 2016. CVC accepted my complaint and forwarded my complaint to CVO of my PSU Bank for investigation.

In the mean time the prime accused of my complaint, being General Manager (HR) of PSU Bank, illegally accessed the copy of my complaint letter from Vigilance Department and filed a false FIR complaint, by making use of his direct departmental subordinate officer, at Lalbazar Cyber Crime Police station against my personal email id u/s 66 of Information Technology Act to illegally trace out the identity of whistleblower in CVC portal and punish whistleblower in charge of filing false complaint and tarnish the image of Bank Officer's in front of GOI authorities.

After tracing out my identity from Cyber Police, the same General Manager (HR) of Bank, immediately suspended me from service of PSU Bank by his own signature and authority in charge of making false complaint at CVC portal against Bank Officer's and tarnish the image of Bank on 30/07/2016.

I was issued charge sheet after 6 months without any show cause notice.

He conducted my departmental enquiry by making use of his direct departmental subordinate officer's in my Enquiry Committee as Enquiry Officer & Presenting Officer and by conducting biased enquiry in my absence without my signature, the same General Manager (HR) was able to unlawfully dismissed me from service on 30/12/2017. Even the dismissal order was also drafted by the same General Manager (HR) in his table in Kolkata and send it to my Disciplinary Authority posted in Cachar, Assam for signature and issuance.

I appealed against my Dismissal Order, but received no response from my Bank for more than 6 months. I then filed writ petition in Calcutta High Court fo dispose of my appeal. After Honourable Justice of Calcutta High Court ordered to dispose of my appeal Petition, Bank responded keeping intact the same punishment order of Disciplinary Authority. I received reply of my Appeal on September, 2018.

After receiving the order of Appellate Authority, I thought to file writ petition in Calcutta High Court against my unlawful dismissal order.

I complained Central Vigilance Commission (CVC) regarding this matter in totallity for which Chief Vigilance Officer (CVO) informed me that after I complained to CVC, CVO of my Bank examined the case and found 28 officer's including the same General Manager (HR) found guilty and CVO has taken action against them.

In the mean time, I came to know from Honourable Bankshal (CMM) Court that Lalbazar Cyber Crime Police Station has filed chargesheet u/s 66 and u/s 43 of Information Technology Act against me and for that I have to face trial of lower court. I took bail immediately and my trial is on as on date.

In this situation, I want to know that "Can I file writ petition in Calcutta High Court by challenging the punishment order imposed on me by my Bank in my Dismissal Order along with praying Calcutta High Court for quashing of FIR including false chargesheet of Lalbazar Police Station after 2 years?" or I have to wait until my trial gets completed in lower court.

If filing of writ petition in Calcutta High Court is possible in this case at this moment as per law, then kindly contact me with your contact and chamber address.