Chandra Sekhar Seal And ORS v. State Of West Bengal And ORS.

17-12-2020 ct no. 13 Sl.16 sp WPA 10651 of 2020 Chandra Sekhar Seal & Ors.

-VersusState of West Bengal & Ors.

Mr. Jayak Kr. Gupta.

Mr. Nandadulal Bandyopadhyay ...for the petitioners Mr. P.K. Roy, Mr. Ankit Sureka ...for the State Mr. Umesh Kr. Singh ...for the respondent no. 5 & 6 The petitioners have impleaded themselves in the writ application.

It appears that appropriate Court fees has not been. The petitioners are directed to put in deficit Court fees by tomorrow (18.12.2020).

This writ petition is considered subject to the above undertaking.

The respondents are represented.

The petitioners complain of mismanagement by the Chairman and Secretary of Macneill Barry Kilburn Ex-Employees Transport co-operative Society Limited. Several documents have been annexed including audit report, to support the allegations of the petitioners.

The learned counsel for the Chairman and Secretary of Macneill Barry Kilburn ExEmployees Transport co-operative Society Limited denies the allegations made by the petitioners.

Be that as it may, since a complaint has been made on January 6, 2020, 05.01.2020 and 24.09.2020, to the DRCS, Kolkata Range, he shall conduct an enquiry into all the allegations made by the petitioners against the Chairman and the Secretary of the said Society under the provisions, inter alia, under Section 34 of 2006 Act.

The petitioners as well as the Chairman and Secretary of the said Society shall be heard by the DRCS, Kolkata Range and both parties shall be entitled to produce documents in support of their contentions.

The DRCS may also at its discretion hear any other person or party that would assist in arriving at a decision on the issue at hand.

Let the aforesaid decision be taken by the DRCS within a period of three months from the date of communication of a copy of this order. The result of the proceedings shall be communicated to all parties within seven days thereof.

In the meantime, the Chairman and Secretary of the said Society shall not take any policy decisions, particularly financial matters except with the consent in writing of the DRCS. The DRCS shall pass a reasoned order.

With the aforesaid observations, the instant writ petition is disposed of.

Urgent photostat certified copy of this order, if applied for, be given to the parties. (Rajasekhar Mantha, J.)