N.K.Batabyal, J. - (1.) The writ petitioner was appointed as a Chief Executive Officer in Ram Krishna Cooperative Bank Ltd. (hereinafter called the Bank) registered under the West Bengal Co-operative Societies Act for a probationary period of three months as per annexure - A to the writ-petition. The said appointment was duly confirmed by the Board of Directors of the bank as per annexure A-1 to the writ petition. Subsequently, the designation of the petitioner was changed from Chief Executive Officer to Chief Executive. AM on a sudden, the petitioner received a letter dated February 21. 1993 issued by the respondent No. 2 marked annexure-H to the Writ Petition. It appeared from the letter that National Savings Certificates No. 6 NS/G-67I544 to 671553 dated August 4, 1986 in the names of Smt. Jharna Chakraborty and Sri Parimal Chakraborty which were pledged in favour of the Bank were given to the petitioner with due authorization to encash the same from the Alipore Post Office, Calcutta, on August 10, 1992. The said certificates were encashed by the Writ Petitioner and the Asst. Post Master (N.S.C.) Alipore Head Office Calcutta, handed over a cheque of Rupees one lakh and cash amounting to Rs. 42,000/- as against the said NSC to him. But the writ petitioner deposited a cheque of Rupees one lakh in S.B. A/c. No. 1913 and Rs. 36,000/- in cash in the loan account of the bank instead of Rs. 42,000/- on August 14, 1992. After receiving the complaint from the NSC holders, the bank authority contacted with the Asst. Post Master Alipore P.O. and verified the facts and came to know that the said certificates had been encashed on August 10, 1992 for a cheque of Rupees One Lakh and for Rs. 42,000/- in cash to the person authorised by bank. In that letter it was alleged that there was serious lapse on the part of the writ petitioner, therefore, the Board of Directors of the bank decided to investigate the matter thoroughly. By the said letter, the petitioner was asked to explain the matter in writing within seven days from the date of the receipt of the letter. The petitioner was also suspended with immediate effect. Pursuant to the said show- cause notice the petitioner gave a reply on February 27, 1993. He farther admitted the responsibility and deposited the balance amount of Rs. 6000/- in cash falling short as the party had suffered loss due to inadvertent mistake. He also expressed his sincere regrets due to the inadvertent to conduct. His stand was that the Asst. Post Master who put him into the danger at the relevant time did not show him the interest calculation sheet on the principal amount on the pretext of hurry as the closing hour of office was approaching. The Petitioner in good faith accepted the bunch of currency notes allegedly containing Rs. 42,000/- in cash without counting the amount. Thereafter, a charge sheet was drawn up against the petitioner and an enquiry was held in which he was found guilty of the charges . The Petitioner was not given a copy of the enquiry report. Subsequently, by order dated December, 18, 1993 the respondent No. 2 as per annexure-B issued a letter to the petitioner intimating him that the Board of Directors had decided and approved unanimously the termination of his services from the bank. The petitioner was neither; given a copy of the enquiry report nor was he given an opportunity of making the second show-cause on the proposed penalty of termination of service as required under Rule 48(f) framed under the W.B. Co-operative Societies Act. As the petitioner has been deprived of a reasonable opportunity of defending himself as guaranteed under Article 311 (2) of our constitution therefore he has come before this Court for the following reliefs. (a) a writ of or in the nature of mandamus commanding the respondents not to give effect or further effect to the impugned order of termination dated December 18, 1993 as per annexure-N to the Writ Petition. (b) a writ of or in the nature of certiorari directing the respondents to produce ail the relevant papers before this Court and other reliefs.
(2.) In the affidavit-in-opposition filed on behalf of the Bank it has been stated that the petitioner was an employee of the Bank as stated in ; the writ Petition. It has been stated that the petitioner admitted his responsibilities and deposited the balance cash amount accepting his delinquency in the matter. According to the bank, the petitioner has come with a baseless and fabricated story to save his skin. He received a cheque of Rupees one Lakh and Rs. 42,000/- in cash from the Asst. Post Master Alipore P.O. and gave a receipt therefor. This is also evident from annexure - A to the affidavit-in-opposition dated February 17, 1993, which is a letter written to the Post Master Alipore P.O., Calcutta by the Bank in reply to that letter. The Asst. Post Master NSC, Alipore P.O. has made an endorsement at the bottom of the said letter under his signature and seal that the National Savings Certificates were encashed on August 10, 1992 for Rupees One lakh by cheque of Rs. 42,000/- in cash for interest by the authorised person of the bank. It has further been stated in affidavit in opposition that all opportunities were given to the writ petitioner to defend himself in the proceeding case. In para 16 of the A.P. it has been specifically stated that the petitioner was not entitled to get a copy of the inquiry report. There was no violation of the principles of natural justice as alleged by the writ petitioner. It has been stated that the termination of service of the writ petitioner was not illegal or without jurisdiction and the said order has been done according to law after giving all reasonable opportunities to the writ petitioner to defend himself.
(3.) In the affidavit in reply on behalf of the writ petitioner the material allegations made in the A.O have been denied. The petitioner has reiterated his stand as stated in the writ petition.;