P.K.Ray, J. - (1.) Heard learned advocates appearing for the parties.
(2.) In the motion stage, this Court inclined to dispose of the matter in view of very peculiar facts and circumstances of the present case, as detailed in the following judgment wherefrom it will appear that there is a gross violation not only of the principles of natural justice but infringement of the statutory provision with reference to the departmental proceeding relating to an employee of a cooperative society.
(3.) It is the case of the petitioner that a show cause notice was issued on 3.9.2001 by the Secretary of Sree Chaitanya Co-operative Bank Ltd., whereby the petitioner was directed to show cause only on the issue as to why appropriate penal action would not be taken. In this show cause notice nothing has been disclosed about the alleged violation in terms of Rule 14 Appendix to Chapter VI of West Bengal Co-operative Societies Rules, 1987. The petitioner replied on September 8, 2001, denying all the allegations as made and further contending, inter alia, that each and every count of allegations were not legally sustainable in view of the factual matrix of the matter. However, the petitioner, by his reply, requested the authorities to rescind, cancel or withdraw the show cause notice. Thereafter, no further notice by initiation of departmental proceeding was served upon the petitioner upon specifying the specific charges in terms of Rule 14 of Appendix to Chapter VI under Conditions of Service (hereinafter referred to as Rule 14 for brevity). Under the said Appendix to Chapter VI of West Bengal Co-operative Societies Rules, conditions of service were prescribed and under Rule 14 for misconduct and disciplinary action, acts as would constitute misconduct, are properly enumerated under different heads, which reads as follows: 14. Misconduct and disciplinary action.- (1) The following acts shall constitute misconduct of an employee, namely- (i) willful insubordination or disobedience, whether in alliance with a co-employee or not, of any lawful and reasonable order of superior; (ii) willful avoidance of work or abetment or instigation thereof; (iii) theft, fraud, misappropriation or dishonesty in connection with employer's business or property or otherwise; (iv) habitual absence without leave, everstaying the sanctioned leave without sufficient ground or proper and satisfactory explanation of habitual late attendance; (v) commission of any act subversive of discipline or good behaviour in any public place such as drunkenness, riotous, disorderly or indecent behaviour, gambling or taking or giving bribes or any illegal gratification of any kind whatsoever; (vi) gross or habitual negligence of duty; Explanation.- For the purpose of this clause ?gross or habitual negligence of duty shall include, in the case of an employee of a co-operative society whose function or duty? includes recovery of dues, inadequate recovery or such dues unless he can prove that there was no negligence whatsoever in this respect on his part; (vii) Disclosing to a person any information with regard to the society which may be detrimental to the interest of the society; (viii) wilful damage to any property of the society; (ix) indulging scurrilous attacks against the management and other superiors.;