AJOY KUMAR DAW Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The writ petitioner challenged an order of suspension of June 28, 1995 issued by the Bongaon Central Co-operative Marketing Society Limited, the third respondent, which was based on an enquiry report of June 26, 1995. During the pendency of the matter, an order of dismissal followed. Since the matter had been pending for a long time, the petitioner was permitted to file a supplementary affidavit wherein the order of dismissal was challenged. The petition has been heard as one against both the order of suspension and the subsequent order of dismissal.

(2.) The leave to file supplementary affidavit and challenge the order of dismissal was given in view of the initial order of June 30, 1996 that was passed on the petition. By such order, directions were given for filing affidavits and it was provided that steps taken during the pendency of the writ application would abide by the result thereof.

(3.) By a subsequent order of June 14, 2005, the time to file affidavits in the matter was extended. Only the third respondent, the effective contestant, filed an affidavit on September 1, 2006. In such affidavit a notice of dismissal of November 29, 1995 was relied on. It appears from the affidavit that though such notice was sent under registered post, the same could not be served on the writ petitioner.