Bhaskar Bhattacharya, J. - (1.) This first appeal is at the instance of the defendant Nos. 1 and 2 in a suit for declaration, permanent injunction and for recovery of money and is directed against the judgment and the decree dated 23rd August, 2004 passed by the Civil Judge, Senior Division, Alipurduar, Jalpaiguri in Money Suit No.2 of 2002 thereby passing a decree for recovery of Rs. 17,84,636.79p. together with interest to be calculated year by year on the total dues (excepting Provident Fund amount of Rs. 88,528/-) till the date of repayment at the rate of 6 per cent per annum and also a monthly pension amounting to Rs. 2,5597- from the defendant Nos. 1 and 2.
(2.) The plaintiffs-respondents, namely, the widow and the children of one Narayan Chandra Roy, since deceased, filed in the Court of the Civil Judge, Senior Division, Alipurduar, Jalpaiguri, a suit being Money Suit No.2 of 2002 thereby claiming for the following relief: "(i) For a decree for declaration that the charged officer, namely late Narayan Chandra Roy, Ex-Branch Manager, Alipurduar Branch of West Bengal State Co-operative Bank Limited was wrongly and illegally suspended. (ii) A decree for declaration that the aforesaid officer was wrongly and illegally dismissed from service. (iii) A decree for declaration that the said officer was due to retire in December, 2002. (iv) A decree for declaration that the plaintiff are entitled to suspension allowance and all service dues from the date of suspension till he expired on 19.12.97. (v) A money decree for Rs. 25,58,129.00 as per Schedule of claim and for such further amount as Hon'ble Court may determine. (vi) (a) A decree for declaration that one member of the family of late Narayan Chandra Roy, Ex-Branch Manager, W.B.S.C-op. Bank Ltd. (Arghya Roy, son) is entitled to a job on compassionate ground/vide death-in-harness. (b) A decree for family pension. (c) A decree for another service/retirement benefit. (vii) Any other relief to which the plaintiffs may be found entitled in equity, justice and good conscience. (viii) Permanent and temporary injunctions directing the defendants from filing up one suitable post if lying vacant or earmarking a post as and when vacancy occurs. AND Mandatory injunction directing the defendants to provide a job to one family members of the aforesaid deceased officer. AND To earmark/keep in reserve an approximate sum for payment to plaintiffs as and when their money claim is decreed. (ix) Costs of the suit."
(3.) The case made out by the plaintiffs-respondents may be summed up thus: (a) One Narayan Chandra Roy, since deceased, served as the Branch Manager of the West Bengal State Co-operative Bank Limited, Alipurduar Branch, who died on December 19, 1997. His retirement was in normal course due in the month of December, 2002. (b) Shri Roy had joined the then Cooch Behar Central Co-operative Bank in the year 1967. Subsequently, the bank was merged with the West Bengal State Co-operative Bank in the year 1972 and become the branch thereof. The said Shri Roy rose to the position of the acting Branch Manager at Alipurduar Branch by dint of his sincerity, honesty and diligent service. (c) The General Manager (Operation), West Bengal State Co-operative Bank Limited vide its Memo No. 1/1-3 dated 31st July, 1981 passed an order of suspension and placed Shri Roy under suspension with immediate effect. (d) Shri Roy was arrested by the police on 31st July, 1981 and subse- quently, released on bail and the criminal case initiated against him terminated on his death before actual trial. (e) The General Manager (Operation), West Bengal State Co-operative Bank Limited by an order dated 28th May, 1982 issued a chargesheet with the proposal to hold an enquiry in terms of the West Bengal Co- operative Societies Act, 1973 and the rules framed thereto and one Mr. Tinkari Mukherjee, a retired District & Sessions Judge, commenced the enquiry. (f) Shri Tinkari Mukherjee, the Enquiry Officer so appointed, directed the bank to pay subsistence allowance to the chargesheeted employee in accordance with the rules observing that if such subsistence allowance was not paid, the enquiry was liable to be vitiated on that ground alone. (g) The bank authority, however, did not pay any amount whatsoever pursuant to the direction of the Enquiry Officer, as a result, the Enquiry Officer dropped the proceeding. The employer, however, appointed another Enquiry Officer, one Sri P. C. Bhattacharyya, the then Unit Manager, 24-Parganas North Unit of West Bengal Co- operative Bank and the said second Enquiry Officer submitted enquiry report dated 11th May, 1985. By the said report he found Shri Roy guilty of serious and gross misconduct and recommended dismissal from service and the Managing Committee vide its resolution dated 13th June, 1985 decided to impose punishment of dismissal and by a letter dated 14th June, 1985, the said order of dismissal was communicated to Shri Roy. (h) The above enquiry and the finding of guilt was made ex parte in gross violation of the rules, procedures and principles of natural justice and as it appears from the record that the second Enquiry Officer had issued a letter dated 26th April, 1985 fixing 9th May, 1985 as the date of enquiry but the said letter sent by registered post with acknowledgement due was received by Shri Roy on 22nd May, 1985, thirteen days after the date fixed for enquiry. (i) Shri Roy by his letter dated 31st July, 1985 sent by registered post with acknowledgement due asked for the relevant documents and also challenged the ex parte order dated 14th June, 1985. (j) The contentious issue relating to the said order of dismissal was pending in different forums i.e. the Labour Commissioner, the High Court etc. and lastly, the High Court. Calcutta in W. P. No. 1735(W) of 2001 passed an order of disposal of the writ application without prejudice to the plaintiffs' right to pursue their claim in the appropriate forum with the observation that the said Co-operative Society was not a State or an authority within the meaning of Article 12 of the Constitution of India and as such, the writ application was not maintainable. (k) As Shri Roy was not paid any subsistence allowance and his legitimate dues, the financial crisis, tension, cardiac problems, blood sugar etc. resulted in his tragic pre-matured death. (1) In view of the order dropping the disciplinary proceedings by the Enquiry Officer who was a retired District Judge, the subsequent proceedings initiated by a committed officer of a department of the employer was a nullity and bad in law and the said officer proceeded with the enquiry ex parte without being satisfied himself whether the letter dated 26th April, 1985 had been really served upon the charged officer. A notice was also served under section 80 of the Code of Civil Procedure upon the defendants but in spite of service no relief was given. Hence the suit.;