KEYA KAR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Both writ petitions are taken up together since the core issue emanates out of a disciplinary proceeding initiated by the concerned authority of Calcutta Corporation Cooperative Credit Society Limited (hereinafter referred to as the society) against the writ petitioner, who was an employee of the society. So far as WP 1059 of 2006 is concerned, the principal subject matter of challenge is the order dated 26th June, 2006, whereby penalty was imposed by the disciplinary authority against the writ petitioner who was, till then, employed as a clerk of the society, by reducing her rank to the post of a 'junior clerk' and fixing her pay at the initial pay scale that of a 'junior clerk'. The writ petitioner also challenged an order dated 8th March, 2006, issued by the Chairman of the society, rejecting her prayer for enhancement of subsistence allowance to 75 per cent of her salary. The subsequent writ petition, being WP 1388 of 2008, was filed on the basis of the liberty granted to the writ petitioner by a Division Bench of this Court, in terms of an order dated 14th May, 2008, in APOT 549 of 2007; GA 3280 of 2007, arising out of an order dated 11th September, 2007, passed by this Court in WP 1059 of 2006. While disposing of the appeal, the Division Bench granted liberty to the writ petitioner to challenge the second disciplinary proceeding, as well as the second order of punishment, being the order of her dismissal from service.

(2.) The relevant facts of the case, which can be culled out from the pleadings and orders passed earlier, are as follows:

(3.) By an order dated 11th September,2007, the Court rejected the prayer of the petitioner for staying of the fresh disciplinary proceeding while observing that the said proceeding was not the subject matter of the pending writ petition, being WP 1059 of 2006. The Court further observed in the order dated 11th September, 2007 that if the writ petitioner had any grievance in regard to such proceeding, it was for her to challenge the same before an appropriate forum by initiating a fresh proceeding, if so advised. The Court also gave liberty to the writ petitioner to join the post of 'junior clerk', if so advised. This order dated 11th September, 2007 was carried in appeal by the writ petitioner, which was taken up for consideration by a Division Bench of this Court, which passed an order dated 14th May, 2008, affirming the order passed by the learned Single Judge dated 11th September, 2007. The Division Bench, however, took note of the fact that the second disciplinary proceeding ultimately had culminated in an order passed by the disciplinary authority, imposing punishment of her dismissal from service.