Calcutta High Court (Appellete Side)
Surajit Banerjee vs The State Of West Bengal & Ors on 7 January, 2026
Author: Rajasekhar Mantha
Bench: Rajasekhar Mantha
07-01-2026
ct no. 13
Sl. 3
pk
FMA 1128 of 2025
With
CAN 1 of 2025
Surajit Banerjee
-Versus-
The State of West Bengal & Ors.
Mr. Anindya Lahiri, ld. Sr. Adv.
Mr. Samrat Dey Paul,
Mr. Anish Chakraborty.
...for the appellant.
Mr. Santanu Kr. Mitra, ld. Sr. Govt. Adv.
Mr. Amartya Pal.
..for the State.
Mr. Srijan Nayak,
Mrs. Rituparna Maitra.
..for the Co-operative Election Commission.
1. Despite service of notice, the Co-operative
Society and the Board are not represented.
2. The instant appeal is directed against an
order dated 10th June, 2025 passed by a
Single Bench of this Court whereby and
whereunder WPA 27294 of 2024 was
dismissed.
3. The writ petitioner/appellant was the highest
paid employee of the Alipore Sub-Division
Central Fishermen's Co-operative Society Ltd.
He was a paid employee and Manager. He was
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designated as CEO's when an earlier CEO
term was over. During his tenure it was found
that some Board Members who ought to have
been reelected and are on the Board of the
society as on date, may have misappropriated
sums of money. Based on the said allegation,
the Assistant Director of Fisheries, South 24-
Parganas whose office appoints CEO to the
Co-operative Societies like that of the instant
case, has ordered an inquiry.
4. The grievance raised by the
petitioner/appellant before the Single Bench,
was three-fold, that a regular CEO be
appointed to the Society by the Board or the
State and for completion of enquiry into the
alleged allegation of defalcation. A third
prayer was also made by the petitioner for
release of unpaid salary as CEO.
5. This Court is of the view that the appeal could
be disposed of directing the concerned
Registrar of Co-operative Societies, to ensure
completion of the pending enquiry into the
defalcation of funds by two Board Members,
i.e. a sum of Rs. 1.52 lakhs and Rs. 1.20
lakhs by cheque Nos. 720067 and 720068
sometime in the year 2024 by the already
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appointed Inquiry Officer or by appointment
of a fresh enquiry officer.
6. For the aforesaid purpose, the report of the
statutory auditor Mr. Pinaki P Chakraborty
may be considered by the enquiry authority.
7. The Board of Directors may take steps for
appointment of new CEO in terms of the Act
of 2006. The prayer of the
petitioner/appellant for release of his unpaid
salary shall also be decided upon by the
newly elected Board and a decision in that
regard shall be communicated to the writ
petitioner/appellant.
8. Let the aforesaid directions be complied with
by the concerned authority, within a period of
2 months from the date of communication of
a copy of this order.
9. For the aforesaid purpose, the
petitioner/appellant may supply all necessary
documents and make a fresh representation
to the appropriate authority including the
Board and the concerned Registrar.
10. With the aforesaid direction, FMA 1128 of
2025 shall stand disposed of.
11. Consequently, CAN 1 of 2025 shall also stand
disposed of.
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12. There shall be no order as to costs.
13. Since no affidavits have been called from the
respondents, the allegations contained in the
stay application shall not be deemed to have been admitted.
14. All parties shall act on the server copy of this order duly downloaded from the official website of this Court.
(Rajasekhar Mantha, J.) (Ajay Kumar Gupta, J.)