PROKASH CHANDRA MAITY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Writ petition is directed against order dtd. 16/11/1998 passed by the Board of Directors of North Suburban Wholesale Consumers' Co-operative Society Ltd. (hereinafter referred to as the 'said Society') being respondent no.5 whereby petitioner was dismissed from service w.e.f. 17/11/1998. At the same time the order of the appellate authority dtd. 11/6/2013 affirming order of the disciplinary authority is also under challenge in this writ petition. Petitioner was placed under suspension vide order dtd. 19/5/1997 issued by the respondent no.5 with immediate effect. Along with suspension by the said order dtd. 19/5/1997 charge-sheet was also served upon the petitioner for initiation of disciplinary proceeding.

(2.) Petitioner initially joined as Lifting Assistant and thereafter promoted to the post of Officer. Ultimately he was appointed as in-charge of the Departmental Store at Baranagar (hereinafter referred to as the 'said Departmental Store') vide order dtd. 17/3/1992 issued by the respondent no.5. It is submitted on behalf of the petitioner that by appointment order dtd. 17/3/1992 along with petitioner Sri. H.P. Ghosh, Md. Mahiuddin, Sri. Jagadish Bhandari and Sri. Prabir Roy were also appointed as Assistant to the said Departmental Store at Baranagar having joint liability with the petitioner of Stock and Cash as well as to facilitate team work for effective running of the said store.

(3.) On 19/5/1997 Chief Executive Officer of the said Society issued suspension order against the petitioner containing charge against him for which the said Society decided to initiate disciplinary proceeding against him. On perusal of the charge-sheet it appears that the said Society slapped charge against the petitioner to the extent of shortage of stock amounting to Rs.4,96,155.09 amounting to breach of trust resulting in initiation of disciplinary proceeding. On receipt of the charge-sheet dtd. 19/5/1997 petitioner furnished reply vide letter dtd. 11/6/1997 denying charge leveled against him, thereafter inquiry officer was appointed before whom petitioner attended on 20/6/1997 and 23/6/1997 in order to make deliberations in support of his contentions against the charge.