BISWANATH SOMADDER, J. - (1.) SINCE the issues raised in both the matters are interrelated and the writ petitions have been heard analogously, a common judgment is being delivered.
(2.) THE writ petitioner was an employee of the West Bengal State Co -operative Marketing Federation Ltd. (referred to hereinafter as, BENFED). On 2nd September, 1994, while he was working as the Fertilizer Manager, he was placed under suspension as per provision of Clause 27 of the BENFED Service Rules. The allegation against him was that he utterly failed in satisfactory discharge of his duties entrusted to him in respect of purchase of 1680 Metric Tonnes of D.A;P. (Paras) Fertilizer in the year 1989 from Hindustan Lever Ltd. as a result of which BENFED had been put to huge financial loss of about Rs. 57.35 lakhs, which amounted to committing misconduct within the meaning of the provision of Clause 25 of the BENFED Service Rules.
(3.) THE writ petitioner had earlier approached this Court in the year 2003 by filing a writ petition, being W.P. 182 (W) of 2003, challenging the validity and/or legality of the order dated 9th December, 2002, issued by the Managing Director of BENFED appointing one Sunil Kumar Acharya, as an Enquiry Officer, to enquire into the charges framed against the petitioner.;