Soumitra Pal, J.

In this writ petition, Asim Kumar Hajrah, the petitioner, has challenged the order, dated 29th January, 2009, issued by the Managing Director, West Bengal State Co-operative Bank Limited, (for short the ‘said bank’) the respondent no.5, being annexure P8 to the writ petition, dismissing him from service with immediate effect and directing that the subsistence allowance paid to him during his period of suspension shall be treated as the full and final payment made to him and also holding that all dues outstanding against him should be realised by way of adjustment from his accounts standing in his credit, if any, in the bank on exercise of the banker’s lien thereon.

The facts in brief, which are relevant for adjudication, are that on 26th February, 2007, while being posted as the Branch Manager, Poura Bhavan Branch of the said Bank, the petitioner suffered a severe cerebral attack and was admitted in a hospital at Kolkata with loss of consciousness. Since then he has undergone treatment in different hospitals. At present the petitioner is unable to communicate verbally or non-verbally and is fed artificially. Because of such mental infirmity, as he is not in