Jayanta Kumar Biswas, J. - (1.) The writ petitioner is aggrieved by his dismissal from service.
(2.) The undisputed facts are these. By appointment letter dated May 25th, 1981 C.T.I. Co-operative Stores Ltd. at Howrah appointed the petitioner as accountant on temporary basis. He continued to work as such till his dismissal with effect from March 21st, 1997. Though appointed as accountant, he perform ed duties in several capacities. On March 22nd, 1995 certain allegations of defalcation and forgery were made against him by the society. He gave a reply dated March 22nd, 1995. The matter was referred by the society to the authority under the West Bengal Co-operative Societies Act, 1983. The Co- operative Development Officer, Howrah Hqr. was directed to make an enquiry. After such enquiry, by letter dated February 28th, 1997 the Assistant Registrar of Co-operative Societies, Howrah advised the society to initiate a disciplinary action against the petitioner. On the basis of such advice the board of the society in its meeting held on March 21st, 1987 resolved to take action against the petitioner in terms of rule 14 of the conditions of service prescribed in appendix II to Chapter VI of the West Bengal Co-operative Societies Rules, 1987 (hereinafter referred to as "the Rules"). The board simultaneously took the decision to dismiss the petitioner with immediate effect.
(3.) Learned advocate for the petitioner submits that the dismissal order is liable to be set aside on the ground that it has been issued in clear violation of rule 14 of the conditions of service and the proviso to clause (f) of rule 48 of Rules.;