Mozammel Sk. Alias Mozammel Haque v. The State Of West Bengal And ORS.

02.09.2025 sayandeep Sl. No. 04 Ct. No. 05 WPA 19097 of 2025 Mozammel Sk. @ Mozammel Haque Vs.

The State of West Bengal & ors.

Mr. Shahan Shah .... for the petitioner Mr. Nilotpal Chatterjee Mr. Tanoy Chakraborty Mr. Debraj Sahu ..... for the State Mr. Pradeep Kumar Roy Mr. Ankit Sureka Mr. Biplab Das ....for the respondent Nos. 2-4

1. The petitioner is aggrieved by the failure on the part of the Cooperative Society in failing to conclude the disciplinary proceedings despite the direction dated 13th October, 2023. The petitioner has also made a representation before the Board of Directors and the disciplinary authority of the Cooperative society appearing at page-30 of the petition. According to the petitioner, such representation which was forwarded to the concerned authorities by speed post has been returned with the postal endorsement "refused". Despite service, the co-operative society and the Board of Directors and the disciplinary authority of the cooperative society including the Chairman are not represented.

2. Although, an affidavit-of-service has been filed since the envelope containing the petition which had been refused by the respondent No. 6, has not been enclosed to affidavit-ofservice, leave is granted to the petitioner to file a supplementary affidavit-of-service in course of the day.

3. Mr. Sureka, learned advocate representing the respondent Nos. 2-4 would submit that there is a valid Board of Directors of Goghata Samabay Krishi Unnayan Samity Limited and as such there cannot be any impediment in concluding the disciplinary proceedings.

4. Taking note of the peculiar facts including the factum of suspension of the petitioner which has been continuing since 21st May, 2021, I am of the view that no fruitful purpose would be served by keeping the writ petition pending. Accordingly, I direct the Board of the Cooperative Society to complete the disciplinary proceedings, unless the disciplinary proceeding has already been completed, by giving a reasonable opportunity of hearing to the petitioner and by following the principles of natural justice, preferably within a period of four months from the date of communication of this order.

5. With the above observations and directions, the writ petition is disposed of.

(Raja Basu Chowdhury, J.)