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1990 Supreme(Cal) 349

G.N.RAY, S.K.HAZARI
ARJED ALI GAZI – Appellant
Versus
STATE OF WEST BENGAL – Respondent


Advocates Appeared:
DHRUBA MUKHERJI

G. N. RAY, J.

( 1 ) THIS writ petition is directed against an order of the Secretary, Dakshin Barasat Service Co-operative Society (hereinafter referred to as the Society) dismissing the service of the writ petitioner, Sri Arjed Ali Gazi, who was an employee of the Society. Mr. Justice Monoranjan Mallick has noted that there are convicting decisions of Single Bench of ibis Court on the question of maintainability of a writ petition against a Cooperative Society. As the said question is important and is often involved in other writ petitions, the learned Judge felt that the matter should be considered by a Division Bench. In view of such observation by the Single Bench, this matter has been assigned to this Division Bench by the Hon'ble the Chief Justice. The short facts relating to the order of dismissal may be stated hereunder. Sri Arjed Ali Gazi was an employee of the Society, which is a primary Co-operative Society governed by the West Bengal Co-operative Societies Act. It was alleged against Sri Gazi that he had not accounted for six bags of cement which were sold by him on behalf of the Society. On an enquiry made, it was revealed that there was shortage of fifty bags of ceme







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