The Khatra Peoples Cooperative Bank Limited And ANR. v. The State Of West Bengal And ORS.

11.12.2025 Item No.57 Ct. No. 24 Aloke/BR WPA 14722 of 2025 The Khatra Peoples' Cooperative Bank Limtied, Khatra & Anr.

Vs The State of West Bengal & Ors.

Mr. Madan Mohan Ray ... for the petitioners Ms. Tapasi Sinha Palit ... for the respondent no. 2 Mr. Pradeep Kr. Roy, ld. Sr. Adv.

Mr. Ankit Sureka Mr. Biplob Das ... for the respondent nos. 4 & 5 Mr. Debjit Mukherjee Ms. Priyanka Jana ... for the State 1.

A short conspectus of the present dispute is that the petitioner has not been paid the outstanding, which are presently to the tune of Rs.3,52,989/- from the respondent no. 7.

2.

Mr. Mukherjee, learned counsel appears for the employer, who is the Drawing & Disbursing authority (DDO), being the respondent no. 6 herein and has filed a report dated 24.11.2025 and a communication between the respondent no. 6 and the Joint Secretary, Irrigation & Waterways Department, Govern of West Bengal dated 19.11.2025. Let both report and communication be kept with the record. 3.

The respondent no. 6 as the DDO was statutorily liable to ensure that moneys were deducted from the monthly salary of the borrower, the respondent no. 7 herein to liquidate the dues of the

petitioner. The same has also been affirmed by a statement of accounts filed by the respondent no. 6 on July 11, 2025.

4.

I am informed that the respondent no. 7 has presently retired and there is no scope of deducting any moneys from his monthly salary.

5.

The DDO, the respondent no. 6 herein is, therefore, directed to appropriate any amount payable to the respondent no. 7 on account of his retiral benefits including the gratuity and commuted pension value, if not already paid.

6.

In the event, such amounts have already been disbursed by the respondent no. 6, the said respondent no. 6 will in terms of Section 59(3) of the West Bengal Cooperate Societies Act, 2006, make good the payment or the balance payment to the petitioner along with statutorily mandated interest at the rate of 12% per annum within four months from the date of communication of this order by the petitioner to the said respondent.

7.

With the afore-stated direction, the writ petition is disposed of.

8.

There shall be no order as to costs.

9.

Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Reetobroto Kumar Mitra, J.)