- (1.) Let the affidavit of service be kept on record. This writ application is directed against an order of punishment dated October 7, 2003 passed by the respondent no.4 against the petitioner. By virtue of the impugned order the petitioner was discharged from his service of the respondent no.3.
(2.) The petitioner was working for gain in the post of "Salesman'' under the respondent no.3. A show cause notice dated August 10, 2002 was issued against him by the respondent no.4. THE petitioner submitted his reply dated August 31, 2002 to the above show cause notice. By virtue of an order dated October 4, 2002 the petitioner was suspended from his duties with immediate effect. THEreafter, the impugned order was passed. It is submitted by the learned Counsel appearing on behalf of the petitioner that the above order of punishment was passed in violation of the provision of Clause (f) of Rule 48 of the West Bengal Co-operative Societies Rules, 1987. According to 2 him, the impugned order of punishment cannot be sustained in law. On the other hand, it is submitted by the learned Counsel appearing on behalf of the respondents that the show cause notice was issued to the petitioner before imposing punishment upon him. THErefore, according to the learned Counsel, the provisions of the above rule were compiled with. Having heard the learned Counsel appearing for the respective parties as also upon consideration of the fact and circumstances of this case I find that for the purpose of proper adjudication of the issue involved in this matter the provision of Clause (f) of rule 48 of the West Bengal Co-operative Societies Rules, 1987 are required to be taken into consideration and the above provisions are quoted below : "Powers of the Board : THE board of a co operative society shall have full control over the administration and the business of the society and shall exercise all or any of the following powers as may be provided in the by-laws : (a) ......... (b) ......... (c) ......... (d) ......... (e) ......... (f) to appoint, discharge or to dismiss or to remove employees of the society: Provided that no employee of a cooperative society shall be dismissed or removed from service except after an enquiry in which he has been informed of the charges against him and given a reasonable opportunity of being heard in respect of those charges, and where it is proposed, after such enquiry, to dismiss or remove him, until he has given a reasonable opportunity of making representation on the penalty proposed, " In view of the above provisions, the respondent authority was under obligation to hold an enquiry giving reasonable opportunity of being heard in respect of the charges leveled against the petitioner and after such enquiry a reasonable opportunity of making the representation on the penalty proposed before removal of the petitioner from the above services. In view of the above, the impugned order cannot be sustained in law and the same stands quashed and set aside.
(3.) The respondent authority is directed to release all the consequential benefits to the petitioner within a period of two months from the date of communication of this order. This writ petition stands disposed of. There will be, however, no order as to costs. Urgent Photostat certified copy of this order, if applied for, be given to the parties on priority basis.;