DEBASIS MUKHERJEE Vs. STATE OF WEST BENGAL
LAWS(CAL)-2011-8-96
HIGH COURT OF CALCUTTA
Decided on August 05,2011

DEBASIS MUKHERJEE Appellant
VERSUS
STATE OF WEST BENGAL Respondents

JUDGEMENT

- (1.) This appeal has been preferred at the instance of the writ petitioner assailing the judgment and order dated 10th September, 2010 passed by a learned Judge of this Court whereby and whereunder the said learned Judge dismissed the writ petition on merits.
(2.) The essential facts which are relevant for the purpose of deciding the issues raised in this appeal are briefly narrated hereinafter: The appellant herein was appointed to the post of Junior Assistant,GradeVI in Hooghly District Central Co-operative Bank Ltd. on 17th June,1993. The Chief Executive Officer of the said Bank issued an order of suspension to the said appellant and subsequently Board of Directors of the said Bank dismissed him from services of the Bank upon accepting the report of the enquiry officer on 17th November, 1994. After long lapse of almost four and half years the said appellant submitted a representation on 25th march, 1999 before the Chief Executive Officer of the Bank challenging the aforesaid order of dismissal. On 5th July, 2001 identical representation was submitted by the appellant before the said Chief Executive Officer. The appellant herein thereafter filed a writ petition being WP No. 6974 (W) of 2003 after lapse of almost 9 years from the date of dismissal.
(3.) The said writ petition was taken up for hearing before a learned Judge of this Court on 29th April, 2010 when the learned Advocate of the appellant herein prayed for leave to take recourse to the alternative Forum provided under the West Bengal Co-operative Societies Act including the filing of a representation before the Assistant Registrar, Co-operative Societies Hooghly. Considering the aforesaid submissions, learned Single Judge disposed of the writ petition by granting leave to the said appellant herein to avail of the alternative Forum.;


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