SRI SAPTARSHI BASU Vs. UNION OF INDIA AND ORS.
LAWS(CAL)-2016-4-122
HIGH COURT OF CALCUTTA
Decided on April 19,2016

Sri Saptarshi Basu Appellant
VERSUS
Union of India And Ors. Respondents

JUDGEMENT

SANJIB BANERJEE, J. - (1.) The petitioner questions the propriety of a disciplinary action taken against the petitioner by the employer. The employer in this case is the Eastern and North-Eastern Frontier Railway Co-operative Bank Limited.
(2.) Pursuant to an order of April 11, 2016, the petitioner has filed a supplementary affidavit. The first document appended to the supplementary affidavit is the profile of the bank as may have been obtained from the website of the bank or any document released by the bank. The bank obtained its licence from the Reserve Bank on February 10, 2010. It is governed by its Board of Directors consisting of 20 elected Directors, including a Chairperson and Vice-Chairperson. The bank has about 60,000 members. The bank provides loans to its shareholders upto Rs. 4 lakh at 14.5% interest per annum and loan against salary upto Rs. 2.5 lakh at 15.5% interest per annum.
(3.) A petition can be received under Article 226 of the Constitution for issuance of any of the writs thereunder or passing of any order of such nature if the act complained of is of the State or other authority answering to that description under Article 12 of the Constitution. A petition under Article 226 of the Constitution is also maintainable against any private body discharging public functions. An example would be of CESC Limited which was formally a Government organisation but has since been privatised. But a writ petition is maintainable against CESC Limited only to the extent of its public duty; a service grievance pertaining to CESC Limited cannot be entertained in this jurisdiction.;


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