W. P. No. 20763 (W) of 2012. Case: Rathin Bhattacharjee Vs The State. High Court of Calcutta (India)
| Case Number | W. P. No. 20763 (W) of 2012 |
| Counsel | For Petitioner: Bikash Ranjan Bhattacharya, Sr. Advocate, Dhiman Kumar Sengupta, Samim Ahmed, Rajdeep Bhattacharya, Advs. and For Respondents: Sailaja Nanda Bhattacharya, Amrita Lal Chatterjee, Advs. |
| Judges | Biswanath Somadder, J. |
| Issue | West Bengal Co-operative Societies Act (40 of 2006) - Section 36(c)(d)(ii); West Bengal Co-operative Societies (Amendment) Act (14 of 2011) - Section 12 |
| Citation | AIR 2012 Cal 265 |
| Judgement Date | September 18, 2012 |
| Court | High Court of Calcutta (India) |
Judgment:
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Affidavit of service filed in Court today be kept on record.
Having heard the learned advocates for the parties and upon perusing the instant application, it appears that the subject-matter of challenge in the instant writ proceeding is a memo dated 24th July, 2012, issued by the Chief Executive Officer of West Bengal State Cooperative Union. While issuing the impugned memo dated 24th July, 2012, the Chief Executive Officer has referred to the proviso of section 36 (c) of the West Bengal Co-operative Societies Act, 2006 (as amended upto date) and has declared that being the highest paid Chief Executive Officer of the Union, he has taken over charge of the Union on 24th July, 2012 at 10.30 a.m. to manage its affairs till further orders in this regard.
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On behalf of the petitioner, it is submitted that section 36 (c) of the West Bengal Co-operative Societies Act, 2006 does not contemplate of such action on the part of the Chief Executive Officer of the Union. In this context, learned advocate for the petitioner refers to the provisions of the 2011 Amendment Act, whereby certain provisions of the West Bengal Co-operative Societies Act, 2006, stood amended. According to him, section 36 (c) of the West Bengal Co-operative Societies Act, 2006 was substituted in terms of section 12, sub-section (b) of the 2011 Amendment Act.
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On the other hand, learned advocate for the State submits that the applicable provision of law has been misquoted by the Chief Executive Officer. He has, in fact, exercised powers under the provision of section 36, sub-section (d) clause (ii) and not under section 36 (c) of the West Bengal Co-operative Societies Act, 2006.
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After considering the submissions made by the learned advocates for the parties and upon perusing the relevant provisions of the West Bengal Co-operative Societies Act, 2006, including the 2011 Amendment Act, it appears that section 36 (c) of the West Bengal Co-operative Societies Act...
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