IN THE HIGH COURT AT CALCUTTA (CONSTITUTIONAL WRIT JURISDICTION)

APPELLATE SIDE Present :

The Hon’ble Justice Partha Sarathi Chatterjee WPA 4221 of 2023 Sagar Sengupta Vs.

State of West Bengal &Ors.

For the petitioner : Mr. Indranath Mitra.

For the Respondent Nos. 4 to 6 : Mr. Uday Sankar Chattopadyhay, Mr. Suman Sankar Chatterjee, Ms. Rajashree Tah, Ms. Trisha Rakshit, Ms. Aishwarya Datta, Ms. Bidisha Chakraborty.

For the State : Mr. Pradip Kumar Roy, Ld. Sr. Adv, Mr. Joydeep Roy.

Heard on : 30.04.2025 Judgment on : 20.05.2025 Partha Sarathi Chatterjee, J.:-

Preface:

1. The present writ petition has been filed challenging the legality and propriety of- (i) the Memorandum of Charges dated 09.12.2021 issued against the petitioner in connection with a disciplinary proceeding; (ii) the findings recorded by the Enquiry Officer (in short, EO); and (iii) the termination order dated 01.11.2022. The petitioner also seeks quashing of the aforesaid documents. In addition, the petitioner prays for a direction upon the concerned respondents to reinstate him to his original position, and to release all consequential service benefits in his favour.

Petitioner’s case:

2. Before delving into the contours of the controversy surrounding the writ petition, it is necessary to outline the key facts as projected therein, which are as follows:

a) The petitioner began his service career as a Junior Clerk at Bhatpara-Naihati Co-operative Bank Limited (hereinafter referred to as 'the Bank'). In 1998, he was promoted to the post of Grade IIB Officer and was assigned the role of Establishment Officer in the Establishment Section.

b) On 10.09.2020, the Chief Executive Officer-in-Charge &

Accountant issued a notice asking the petitioner to show cause as to why legal action should not be taken against him. The petitioner submitted a reply to the said show cause notice. However, on 18.09.2020, the Chief Executive Officer-in-Charge lodged a complaint against the petitioner at the jurisdictional police station. Pursuant to the said complaint, Bhatpara P.S. Case No. 349 dated 18.09.2020 was registered under Sections 201/204/403/406/409/424 of the Indian Penal Code, 1860, against the petitioner. Subsequently, by an order dated 20.09.2020, the petitioner was transferred to the North Garifa Branch.

c) Upon conclusion of the investigation, a charge sheet was filed against the petitioner on 03.02.2021. The petitioner surrendered before the concerned learned Court on 02.03.2021 and was granted bail on the same day. In compliance with the transfer order, the petitioner joined his new assignment on 07.03.2021.

d) By an order dated 15.03.2021, the petitioner was placed under suspension in contemplation of a disciplinary proceeding. Thereafter, on 09.12.2021, the Chief Executive Officer & CDO (HQ) of the Bank issued a Memorandum of Charge dated 9.12.2021 containing four articles of charge against the petitioner. However, the said memorandum did not include any list of documents or witnesses.

e) The substance of the charges levelled against the petitioner may be summarised as follows:

(i) While serving as an Officer Grade II-B of the Bank, the petitioner, who was entrusted with the custody of the „Peon Book‟ and other important documents of the Bank, failed to properly discharge the duties assigned to him. His conduct was prejudicial to the interests of the Bank and resulted in substantial financial loss. Accordingly, he was alleged to have committed misconduct within the meaning of Rule 106 [Appendix to Chapter V, Clause 14, Sub-Clause (VI)] of the West Bengal Co-operative Societies Rules, 2011 (hereinafter referred to as "the 2011 Rules").

ii) On 14.07.2020, the petitioner was allegedly captured on the Bank‟s CCTV footage entering the Bank premises at recorded his official entry time as 10:38 AM. This discrepancy is said to constitute misconduct under Rule 106 [Appendix to Chapter V, Clause 14, Sub-Clauses (i), (ii), and (iii)] of the West Bengal Co-operative Societies Rules, 2011 (herei