CHAIRMAN, PURUSHOTTAMPUR GRAM SAVA SAMABAYA KRISHI UNNAYAN SAMITY LTD. AND ANOTHER Vs. ANANTA KUMAR OJHA AND OTHERS

JUDGEMENT

(1.) This appeal is directed against a judgment and order dated 12.9.96 passed by a learned single Judge of this Court whereby and whereunder the order terminating the service of the writ petitioner/first respondent was set aside only on the ground that the said order has been passed in violation of sub-rule (7) of Rule 65 of the West Bengal Co-operative Societies Rules, 1987. The petitioner is Manager of the Appellant Bank. Allegedly a theft took place and a Criminal Case was initiated against the petitioner. Departmental proceeding was also initiated against him wherein the impugned order has been passed. The writ petitioner in paragraphs 2 to 7 of the writ application, Inter alia state that the Bank in question comes within the purview of the Common Cadre Authority and he became a caderised Manager. According to the petitioner he is qualified to hold the said post. An opportunity was given to the appellant to file affidavit-in-opposition but no such affidavit has been filed. Id that situation the learned trial Judge allowed the writ application, inter alia, holding that the order impugned in the writ application having not been passed by the Common Cadre Authority as was required under sub-rule (7) of Rule 65 of the said Rules, the same is bad in law.

(2.) Mr. Battacharjee learned counsel appearing on behalf of the appellant has produced before us various documents and submitted that there is nothing on record to show that the petitioner was a cadarised officer. The learned counsel how over submits that a due opportunity of hearing was given to the petitioner in the disciplinary proceeding.

(3.) Mr. Chatterjee, learned counsel appearing on behalf of the writ petitioner/first respondent has produced before us the relevant notification to show that the petitioner automatically became a cadarised officer. It is submitted that the State Government has published a Notification on 27.11.97 to the effect that the Governor has rescinded the notification dated 23.2 .82 with effect from the date of issue of this Notification. The said notification is contained in annexure "A" to the supplementary affidavit filed by the appellant.