GOUR GOPAL DEBNATH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Heard learned advocates appearing for the parties.

(2.) In the motion stage, this Court inclined to dispose of the matter in view of very peculiar facts and circumstances of the present case, as detailed in the following judgment wherefrom it will appear that there is a gross violation not only of the principles of natural justice but infringement of the statutory provision with reference to the departmental proceeding relating to an employee of a cooperative society.

(3.) It is the case of the petitioner that a show cause notice was issued on 3.9.2001 by the Secretary of Sree Chaitanya Co-operative Bank Ltd., whereby the petitioner was directed to show cause only on the issue as to why appropriate penal action would not be taken. In this show cause notice nothing has been disclosed about the alleged violation in terms of Rule 14 Appendix to Chapter VI of West Bengal Co-operative Societies Rules, 1987. The petitioner replied on September 8, 2001, denying all the allegations as made and further contending, inter alia, that each and every count of allegations were not legally sustainable in view of the factual matrix of the matter. However, the petitioner, by his reply, requested the authorities to rescind, cancel or withdraw the show cause notice. Thereafter, no further notice by initiation of departmental proceeding was served upon the petitioner upon specifying the specific charges in terms of Rule 14 of Appendix to Chapter VI under Conditions of Service (hereinafter referred to as Rule 14 for brevity). Under the said Appendix to Chapter VI of West Bengal Co-operative Societies Rules, conditions of service were prescribed and under Rule 14 for misconduct and disciplinary action, acts as would constitute misconduct, are properly enumerated under different heads, which reads as follows: