Debasish Kar Gupta, J. - (1.) This writ application is directed against an order of dismissal dated October 31, 2007 passed by the Disciplinary Authority has also an order dated May 3, 2008 passed by the statutory authority.
(2.) The Petitioner was working for gain under the West Bengal State Corporation Agriculture and Rural Development Bank Ltd. While he was posted as Manager, Siliguri Sub -Branch Office, Darjeeling Branch, he was placed under suspension by the Respondent authority and a charge -sheet dated September 22, 2005 was served upon him. The Petitioner submitted his reply dated November 23, 2005 to the above charge -sheet. An enquiry was conducted in the matter by the Respondent No. 6. He submitted an enquiry report to the disciplinary authority. A second show -cause notice dated October 7, 2006 was served upon the Petitioner with proposed punishment. The Petitioner prayed for supply of copy of the above enquiry report. Instead of supplying the same, the impugned order of punishment dated October 31, 2006 was passed by the disciplinary authority dismissing the Petitioner from the services of the Respondent bank. The Petitioner preferred an appeal dated June 28, 2007 before the Appellant authority. By virtue of communication dated May 5, 2008 the Petitioner was informed that the above appeal had been rejected.
(3.) At the very out set, a preliminary objection is raised on behalf of the Respondents with regard to maintainability of this writ application. It is submitted by the learned Counsel appearing on behalf of the Respondents that the Respondent bank is a Co -operative Society and the same is not an instrumentality of State. According to him, the writ application was not maintainable. It is also submitted that the members of the General Body of the Respondent bank are not made parties to this writ application. So, the writ application is liable to be dismissed on the ground of non -joinder of parties.;