IN THE HIGH COURT AT CALCUTTA CIVIL APPELLATE JURISDICTION APPELLATE SIDE Present:

The Hon’ble Justice Debangsu Basak And The Hon’ble Justice Smita Das De M.A.T. 195 of 2025 With CAN 1 of 2025 Sri Subodh Kumar Mondal @

Sri Subodhkumar Mondal Vs.

The State of West Bengal & Ors.

For the Appellant : Mr. Pranit Bag Mr. Soumyadeep Biswas For the State : Mr. Srijan Nayak Mr. Rituparna Maitra For the Respondent No. : Mr. Ankit Surekha

2, 3 & 4 Mr. Biplob Das Mr. Partha Sarathi Pal For the Respondent No. : Md. Baharuzzaman

7, 8 & 9 Hearing concluded on : 11.03.2025 Judgment on : 28.03.2025 SMITA DAS DE, J.:-

1. The instant appeal is preferred by the appellant in WPA No. 18169 against an Order dated January 17, 2025 whereby the Learned Single Judge was pleased to dismiss the writ petition of the appellant.

2. The fact emerges which is not in dispute, that the appellant retired as the manager of the said society on April 30, 2022 upon reaching the age of 60. The Board of the society by a resolution extended the service of the appellant for an additional period of 5 years. During the period of extension the society issued a show cause notice dated June 6, 2024 alleging inter alia, certain misconduct on the part of the appellant. The said notice was duly responded by the appellant on June 30, 2024 and upon consideration of the said reply, the respondent via email on July 11, 2024 communicated the impugned order of dismissal accordingly.

3. Against the aforesaid backdrop, the appellant filed a writ petition being No. 18169 of 2024 praying inter alia, for quashing and/or setting aside the notice being annexure “P9” and termination being annexure “P11” as per law.

4. The question arises in the writ petition is whether the service by the appellant could be extended beyond the age of superannuation age of 60 years and whether the Circular dated January 3, 2020 can come in the aid of the appellant for extension of the appellant’s service.

5. Further question arose whether the Credit Co-operative Society is amenable to writ jurisdiction and is a State within the meaning of Article 12 and whether there has been compliance of principles of natural justice by the concerned Society.

6. Learned Advocate appearing for the appellant submitted that the Learned Single Judge erred in dismissing the Writ Application. He submitted that it is an undisputed fact that the appellant retired as the Manager of the Kishorepur Samabay Krisi Unnayan Society (hereinafter referred to as the Society) on April 30, 2022 upon reaching the age of 60. However, the Board of the Society passed resolutions regarding the extension of the appellant’s service, and consequently, the appellant’s service was extended for an additional period of five years.

7. Learned Advocate of the appellant submitted that during the extension period a Show Cause Notice was issued by the society on June 26, 2024, alleging certain misconduct on the part of the appellant, which was duly replied by the appellant. He thereafter, relied on a Circular dated January 3, 2020 and submitted that the said Circular supports the contention of the appellant regarding extension of the appellant’s service.

8. Learned Advocate for the appellant submitted that the said dismissal order was bad on the ground that in the instant case no charge sheet was filed, no enquiry was conducted and the appellant was not provided an opportunity for a hearing before being dismissed from service.

9. Learned Advocate for the appellant submitted that the said Credit Co-operative Society is amenable to writ jurisdiction and is a State within the meaning of Article 12 of the Constitution of India and accordingly cited decision reported in (2014) 9 SCC 294 (Akalakunnam Village Service Cooperative Bank Limited and Another vs. Binu N. and Others), 1990 SCC Online Cal 220 (Arjed Ali Gazi vs. State of West Bengal), (2004) 7 SCC 112 (Umarani vs. Registrar, Cooperative Societies and Others) and 2008 SCC Online Cal 787( Bhabani Adhikari vs. West Bengal Sta