SASTI KANTA HATI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The instant writ petition was moved on behalf of Sasti Kanta Hati, a Salesman and In charge of a unit of Burdwan Wholesale Consumers' Co-operative Society Limited (hereinafter referred to as the said Society), challenging, inter alia, the initiation of the departmental proceedings against him, contained in memo dated February 5, 1983 ( which is Annexure 'K' to the writ petition) and continuance of the order of suspension from service, communicated by the Memo, dated February 24, 1986, by the Chairman of the Domestic Enquiry Committee and the Director of the said Society (which is Annexure 'N' to the writ petition). This writ petition was admitted and this Civil Order was issued by Umesh Chandra Banerjee, J., on March 14, 1986, and at the time of admission of the writ petition, the learned Judge granted limited injunction and thereby had given liberty to the respondents to continue the enquiry against the petitioner in the usual course, but restrained the respondents from passing any Final Order, without the leave of the Court and the petitioner was directed to communicate the Order to the non-appearing respondents, along with copy of the writ petition.

(2.) Thereafter, the matter was mentioned before me on behalf of the learned Advocate for the petitioner in presence of the learned Advocate for the respondents, for early hearing and disposal of the writ petition on December 1, 1987, and was being heard before me after the application for amendment of the writ petition filed by the petitioner was allowed by me.

(3.) A preliminary objection about the maintainability of the writ petition has been raised on behalf of the State by Mr. Milan Kumar Bhattacharya learned Advocate, inter alia, to the effect that no writ lies against a Co-operative Society as such, and strong reliance was placed upon a recent decision of the Supreme Court in the case of Tekraj Vasandi alias K. L. Basandhi vs. Union of India & Ors. reported in AI.R. 1983 S.C. 469, wherein the Supreme Court analysing the earlier cases, including Ajay Hasili's case reported in A.I.R. 1981 S.C. 487, on the point as to whether writ lies on societies registered under the Societies Registration Act.