BIJOY KUMAR NAYAK Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The instant writ application is directed against an order of the West Bengal Co-operative Tribunal dated 24th September, 2018 passed in Appeal No. 32 of 2017 that was taken up analogously with Appeal No. 12 of 2018. The Tribunal upheld an award passed by the Learned Arbitrator appointed at the instance of the writ petitioner. The challenge before the Arbitrator was, inter alia, against the appointment of Enquiry Officer and Disciplinary action against the writ petitioner.

(2.) The facts of the case, inter alia, are that the writ petitioner was a paid employee of the Indian Coffee Workers Co-operative Society Limited. He also happened to be a Secretary of the then Board of Directors of the bank. He was functioning in a dual capacity.

(3.) After the expiry of the term of Board of Directors in which the petitioner was a Secretary, the new Board detected diverse financial irregularities committed by the petitioner and issued a charge-sheet. An Enquiry Officer was appointed by the Board of Directors and the Enquiry Officer submitted a report to the newly appointed Board of Directors. The Board of Directors, who was the disciplinary authority in terms of Rule106 Sub-Rule 15 of the WBCS Rules of 2011 issued a second show-cause notice dated 21st February, 2017 enclosing therewith the enquiry report. It may be noted that the petitioner duly participated in the enquiry. The enquiry was conducted at the instance of the Board by an Enquiry officer who happened to be an advocate of this Court.