HIRANMAY BHATTACHARYYA, J. - (1.) The writ petitioner has preferred the instant appeal challenging the order dated December 24, 2020 passed by a learned Single Judge in WPA 10484 of 2020.
(2.) The appellant herein was appointed as a driver of the Midnapore Co-operative Milk Producer's Union Limited (for short "the Co-operative Society"). While the appellant was discharging his duties as a driver, two written complaints were made by the employees of the co-operative society before the police alleging misappropriation of money from their provident fund account by the appellant herein. On the basis of the said written complaints, the Investigating Officers submitted charge sheets. The Chief Judicial Magistrate after taking cognizance transferred the case to the concerned Judicial Magistrates. A GR Case No. 871 of 2005 was registered for offences under Section 467/468/471/420 of the Indian Penal Code arising out of Kotawali PS Case No.131 of 2005 on the basis of one of such complaint. On the basis of the other complaint, GR Case No. 1193 of 2005 was registered for offences under Sections 420/467/468/471/34 of the Indian Penal Code.
(3.) The appellant was placed under suspension and the co- operative society issued the memorandum of charge sheet on December 16, 2008. In the memorandum of charge sheet it was alleged that the appellant herein withdrew substantial amounts from the provident fund accounts of several employees of the society by making false applications, by forging the signature of applicants, by obtaining the cheques by misrepresentation, by encashing the cheques by false impersonation and false representation which constitutes misconduct on the part of the appellant herein. The appellant duly replied to the charge sheet.;