Biswanath Somadder, J. - (1.) THE Judgment of the Court was delivered by Affidavits filed in Court today be kept on record.
(2.) THE writ petitioner has approached this Court essentially challenging his order of dismissal as well as the findings of the Enquiry Officer which led to his dismissal from service. The writ petitioner has also sought for issuance of a writ in the nature of mandamus commanding the respondent authorities to withdraw and/or cancel and/ or rescind the charge-sheet as well as the order of suspension issued against him. From the facts of the instant case, it appears that the writ petitioner was posted as Assistant Grade - III (Deposit) in Durgapur Steel People's Co-operative Bank Ltd. Disciplinary proceedings as well as criminal proceedings were initiated against him on account of alleged withdrawal of Rs.3,90,000.00 from the account of one Sunil Kumar Dhibar, who had a Savings Bank Account in the concerned Co-operative Bank. The writ petitioner was initially placed on suspension on 21st October, 2009 and thereafter disciplinary proceeding commenced which culminated in his dismissal from service by an order of dismissal dated 28th December, 2010, issued by the Chief Executive of the Bank.
(3.) AT the outset, a point of maintainability was raised by the learned Advocate representing the Bank. He submitted that the writ petitioner had a statutory right of appeal against the order of dismissal and ought to have exhausted his statutory appellate remedy first, before approaching the writ court. In this context, the learned advocate drew this Court's attention to the proviso of sub-Rule 3 of Rule 69 of the West Bengal Co-operative Societies Rules, 1987. He submitted that although the petitioner has relied on the Service Rules' of the concerned Bank to contend that no right of appeal is provided in the said Rules, the proviso under sub-Rule 3 of Rule 69 of the West Bengal Co-operative Societies Rules. 1987, casts a mandate upon the Board of the concerned Cooperative Society to follow the conditions laid down in appendix to Chapter VI of the West Bengal Co-operative Societies Rules, 1987, and only then formulate other conditions of service, preferably through a bipartite agreement. He, thus, submitted that the conditions laid down in appendix to Chapter VI would be applicable in the facts of the instant case. He, thereafter, referred to clause 15 of the appendix to Chapter VI which provides for disciplinary and appellate authorities and submitted that an employee aggrieved by an order passed by a disciplinary authority has a right to appeal against such order. In particular, he referred to sub-clause 2 of clause 15, which reads as follows:- "An employee aggrieved by an order of the disciplinary authority shall have a right to appeal against such order. An appeal shall lie (1) against any order passed by the Chief Executive Officer, to the Chairman of the board, (2) against the order passed by the Chairman or the vice-Chairman of the Board, to the Board, (3) against the order of the Board, to the general body of the society. Even appeal shall comply with the following conditions: It shall contain all material statements and arguments relied on and shall be complete in itself. It shall specify the relief desired. It shall be submitted through proper channel. The appellant authority shall decide the appeal within two months from the date of submission of the application except where the general body is the authority.";