Prokash Chandra Maity vs The State Of West Bengal & Ors
2023 Latest Caselaw 7300 Cal

     3
18.10.2023
CT No. 15
 adeb


                                 W.P.A. 28977 of 2013

                              Prokash Chandra Maity
                                       Vs.
                           The State of West Bengal & Ors.

                     Mr. Prashant Agarwal
                     Mr. Saroj Tulsian
                     Ms. Jayanti Paul
                                        ...for the petitioner

                     Mr. Pradip Kumar Roy
                     Mr. Partha Sarathi Pal
                     Mr. Joydeep Roy
                                          ...for the State

                     Mr. Ankit Sureka
                     Mr. Biplob Das
                                             ...for the respondent nos.

2 and 3 Mr. K.K. Pathak Mr. Souvik Maji Mr. Vijay Verma ...for the respondent nos.

5 and 6

Writ petition is heard in presence of the learned

advocates representing the petitioner, State-respondents,

respondent nos. 2 and 3 and North Suburban Wholesale

Consumers' Co-operative Society Limited. Matter is heard

extensively on the maintainability of the writ petition

under Article 226 of the Constitution.

It has been submitted by Mr. K.K. Pathak, learned

advocate representing the society that relevant provisions

of the West Bengal Co-operative Societies Rules, 1987

were applicable to the petitioner and disciplinary

proceeding was initiated in accordance with the said

statutory provisions.

On placing reliance on the judgment of the Hon'ble

Division Bench reported in (1990) 2 CHN 284 (Arjed Ali

Gazi Vs. State of West Bengal & Ors.) and taking into

consideration the submissions made on behalf of the

said society with regard to applicability of the statutory

provisions it is concluded that the present writ petition is

maintainable. However, issue has been raised on behalf

of the society that petitioner has to demonstrate before

this Court that while initiating the disciplinary

proceeding against him there was violation of statutory

provisions. According to the society in strict compliance

of the relevant statutory provisions as contained in the

West Bengal Co-operative Societies Rules, 1987 the

proceeding was concluded which culminated into

issuance of dismissal order against the petitioner.

The learned advocate representing the petitioner

has been posed query with regard to breach of relevant

statutory provisions which prejudiced the petitioner. It is

requested on behalf of the petitioner to adjourn the

matter in order to come prepared to satisfy the query of

the Court.

List the matter under the same heading for further

consideration on 22nd November, 2023.

The learned advocate representing the petitioner is

granted leave to file a copy of the affidavit-in-opposition

used by the society and another copy shall be served

upon the learned advocate for the society by tomorrow,

19th October, 2023.

(Saugata Bhattacharyya, J.)