STATE OF WEST BENGAL Vs. DEBA PRASAD BANERJEE

JUDGEMENT

(1.) This appeal under cl. 15 of the Letters Patent is against the order dated July 9, 1992, passed by Ruma Pal J. in CO. No. 4342 (W) of 1989.

(2.) The subject -matter of challenge in the writ application was ordered on May 2, 1989, passed by the State Government under Sec. 32(2) of the West Bengal Co -operative Societies Act, 1983, rescinding the resolution passed by the Board of Directors of the Nadia District Central Co -operative Bank Ltd. passed on June 27, 1988, whereby the said Co -operative Bank resolved that the said Bank would not proceed any further regarding all cases pending in different Law Courts in the matter of writ Petitioner, Deba Prasad Banerjee, and that ill the charges and allegations and proceedings were resolved and the charges, allegations and proceedings against him were dropped and withdrawn considering the same to be baseless and without foundation. The suspension order was also revoked and withdrawn. By the said resolution the writ Petitioner was reinstated in service after revoking the order of suspension. The learned trial Judge on consideration of the entire matters allowed the writ petition and quashed the decision and the resolution of the State Government dated January 27, 1992, and the second show -cause notice. The fact of this case in short is this that the writ Petitioner was an employee of the said Bank and was employed since 1961 and at the relevant time he was the Branch Manager of Santipur Branch of the said Bank. A show -cause notice was issued to the writ Petitioner alleging negligence of duty, indiscipline, insubordination etc. On March 19, 1984, the writ Petitioner was placed under suspension. Six months thereafter the Executive Officer of the Bank lodged F.I.R. on the basis of which a Police case was started on the same allegations. Ultimately, the Police authority after investigation submitted report stating that there was no case against the writ Petitioner for framing charges under Ss. 409 and 418, Indian Penal Code. The Sub -divisional Judicial Magistrate was not satisfied with the final report of the Police authorities and ordered for fresh investigation. The said investigation resulted in a final report in favour of the writ Petitioner. The Police authorities recommended for discharge of the writ Petitioner in the said case. In the meantime, the Petitioner challenged the notice of suspension and other consequential order made by the Departmental officer initiating departmental proceeding against the writ Petitioner by an application under Article 226 of the Constitution of India before this Court and this Court in or about November 1984 passed an interim order to the effect that the Appellants Bank authorities could proceed with departmental proceeding, but no final order would be communicated without the leave of the Court to the writ Petitioner. Thereafter, for the purpose of appeal it is not necessary to go into the fact in detail inasmuch as the Board of Directors of the Appellant Bank passed a resolution on June 27, 1988. The said resolution was as follows:

(3.) In exercise of the power conferred under Sec. 32(2) of the West Bengal Co -operative Societies Act, 1983, the State Government passed the following order on April 10, 1989: