JUDGEMENT
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(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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