Debasish Kar Gupta, J. - (1.) This writ application is directed against an order dated October 31, 2007 passed by the Respondent No. 3 dismissing the Petitioner from service of the Respondent bank.
(2.) The Petitioner was working for gain under the Respondent No. 2. while he was posted as Financial Analyst (DGM) at Head Office of the Respondent bank, he was served a charge -sheet dated March 24, 2006. He submitted his reply dated May 2, 2006 to the Respondent authority. Respondent No. 5 was appointed by the Disciplinary Authority to conduct an enquiry in the matter. The Enquiry Officer submitted his enquiry report to the Respondent authority. The Respondent No. 4 by a communication dated October 7, 2006 informed the Petitioner that in the enquiry conducted by the Respondent No. 5 the charges levelled against the Petitioner had been proved. In the above communication the Respondent No. 5 further informed that the Respondent No. 3 had decided to impose punishment against the Petitioner in its meeting dated September 21, 2006. The Petitioner submitted his reply dated October 13, 2006 requesting the Respondent No. 4 to give a copy of the enquiry report before imposing punishment upon him. Thereafter, the Respondent authority imposed punishment upon the Petitioner dismissing him from the service of the Respondent bank by virtue of the impugned order. The Petitioner preferred an appeal dated February 16, 2007 for placing the same before the General Body of the Respondent bank. But no step was taken by the Respondent authorities to consider the above appeal.
(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.;