The Calcutta High Court directed the Cooperative Bank to submit a comprehensive report of all the enquiries and action taken by them in respect of the alleged irregularities and on receipt of the report, the the Registrar of Cooperative Societies, West Bengal shall examine the report for its correctness, call for additional information, if required, and direct if any enquiry is to be conducted and thereafter take a decision on merits and in accordance with law.
The Division Bench of Acting Chief Justice T. S. Sivagnanam and Justice Hiranmay Bhattacharyya disposed of a Public Interest Litigation (PIL) filed seeking direction upon the authorities to take action against the illegalities committed by the 7th respondent i.e. Cooperative Bank which is registered under the provisions of the Act on the file of the 8th respondent i.e. the Registrar of Cooperative Societies, West Bengal.
According to the petitioner, though a committee which was constituted by the Cooperative Bank to examine as to whether any illegalities have been committed and the committee having found that various illegalities have been committed has recommended disciplinary action to be initiated and the committee directed the matter to be referred to the Registrar of Cooperative Societies since in addition to the bank officials the signatures of Block CI was also there who is not under the control of the BOD of the bank. Further direction was given to undertake a thorough joint inspection into the irregularities of Piasbari SKUS. The petitioner stated that nothing has happened thereafter.
The advocate appearing for the 7th respondent submitted that already action has been taken and bank authorities have been directed to initiate disciplinary action against the employees, namely, Sri Arjun Agarwala and Sri Sourav Bhattacharya. Further, the advocate has placed a copy of memo dated 22nd January, 2021 wherein it is stated that as per the complaint received by the ex-Manager, an employee of the society relating to forged signatures of the credit limit, the BOD has decided in the meeting dated 21st January, 2021 to cancel the said credit limit from the date of its coming into effect. Further, it is stated that the society will be solely liable for the financial delinquency if any in the intervening period and will be dealt with appropriately. The advocate for the 7th respondent submitted that there is no financial loss to the society. The correctness of the stand taken by the 7th respondent/society has to be decided by the Registrar of Cooperative Societies, namely, the 8th respondent.
“The above direction be complied with within a period of three months from the date of receipt of the report from the 7th respondent i.e. Cooperative Bank who shall submit the said report within a period of four weeks from the date of receipt of the server copy of this order’, the Court ordered.