BISWANATH MONDAL Vs. STATE

JUDGEMENT

(1.) Let the affidavit of service be kept on record. This writ application is directed against an order of punishment dated October 7, 2003 passed by the respondent no.4 against the petitioner. By virtue of the impugned order the petitioner was discharged from his service of the respondent no.3.

(2.) The petitioner was working for gain in the post of "Salesman'' under the respondent no.3. A show cause notice dated August 10, 2002 was issued against him by the respondent no.4. THE petitioner submitted his reply dated August 31, 2002 to the above show cause notice. By virtue of an order dated October 4, 2002 the petitioner was suspended from his duties with immediate effect. THEreafter, the impugned order was passed. It is submitted by the learned Counsel appearing on behalf of the petitioner that the above order of punishment was passed in violation of the provision of Clause (f) of Rule 48 of the West Bengal Co-operative Societies Rules, 1987. According to 2 him, the impugned order of punishment cannot be sustained in law. On the other hand, it is submitted by the learned Counsel appearing on behalf of the respondents that the show cause notice was issued to the petitioner before imposing punishment upon him. THErefore, according to the learned Counsel, the provisions of the above rule were compiled with. Having heard the learned Counsel appearing for the respective parties as also upon consideration of the fact and circumstances of this case I find that for the purpose of proper adjudication of the issue involved in this matter the provision of Clause (f) of rule 48 of the West Bengal Co-operative Societies Rules, 1987 are required to be taken into consideration and the above provisions are quoted below :

(3.) The respondent authority is directed to release all the consequential benefits to the petitioner within a period of two months from the date of communication of this order. This writ petition stands disposed of. There will be, however, no order as to costs. Urgent Photostat certified copy of this order, if applied for, be given to the parties on priority basis.