S.B. Sinha, J. - (1.)The Petitioner, in this application has, inter alia, prayed for issuance of a writ in the nature of mandamus directing the Respondents to recall or withdraw or to rescind the charge -sheet dated September 13, 1992, and further commending to act strictly in accordance with law. The Petitioner is a Branch Manager of the West Bengal State Co -operative Bank Ltd.
(2.)A charge -sheet had been issued on him wherein various acts of misconduct on his part had been enumerated. Mr. Chattopadhyay, learned Counsel on behalf of the Petitioner, has referred to three contentions in support of this application. The learned Counsel submits that on the regulations framed by the Respondent Bank they are bound to act thereupon. The learned Counsel submits that misconduct has not been defined. He has drawn my attention to Regulations 39 to 43 and submits that therein specific acts of misconduct having not been enumerated the impugned charge -sheet must be held to be bad in law. The learned Counsel next contended that there has been a gross violation of Regulation 47 inasmuch as the Petitioner has not been given any notice to show cause. The learned Counsel next contains that from a perusal of the letter dated August 28/29, 1991, as contained in Annex. 'A' to the writ application, it would appear that the Respondents have been proceeding with a closed mind and, thus, the entire proceeding is vitiated in law.
(3.)The Respondent Bank is a Co -operative Society. The Regulations framed by it do not have any force of law.
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