Authority: High Court at Calcutta, Circuit Bench at Jalpaiguri

Order Date: 06 Oct 2026

Case Overview

  • Petitioner: Jalpaiguri Central Co-Operative Bank Limited, represented by counsel Mr. Momenur Rahman and Mr. Bikash Singha.
  • Respondents: The State of West Bengal and others, represented by Mr. Kunaljit Bhattacharjee (Ld. AGP), Mr. Salok Sah, Ms. Supriya Singh, and Ms. Esha Acharya.
  • Private Respondent: A Group‑D employee of Daukimari D.N. High School, Jalpaiguri, who obtained a house loan of Rs 6,25,000 from the petitioner bank and defaulted on repayment.
  • Initial Award: Under Section 139 of the West Bengal Co‑operative Societies Act, 2006, the Deputy Registrar of Co‑operative Societies, Jalpaiguri, on 22 Nov 2023 ordered the private respondent to repay Rs 5,00,000 by 31 Dec 2023 and to regularise the remaining loan amount as per banking norms.
  • Certificate of Public Demand: After non‑compliance, the bank applied under Section 143 on 13 Mar 2024. The Certificate Officer issued a Certificate of Public Demand on 23 Sep 2024, directing the private respondent to pay Rs 10,33,302 (as per the 22 Nov 2023 award) within 30 days of notice service.
  • Salary Attachment Application: The bank filed a petition for attachment of the private respondent’s salary on 6 Dec 2024. The Certificate Officer allowed the application on 7 Jan 2025, directing the District Inspector of Schools (S.E.), Jalpaiguri, to withhold/deduct Rs 10,33,302 from the respondent’s salary/allowances in monthly instalments of Rs 18,129 and remit the amounts to the certificate holder’s account.
  • Communications to District Inspector: The order was communicated to the District Inspector by the bank’s Chief Executive Officer on 17 Feb 2025, with a reminder sent on 22 Oct 2025, both of which elicited no action.
  • State’s Submission: Counsel for the State argued that the District Inspector lacks authority to withhold or deduct salary/allowances because such payments are processed through the Integrated Online Salary Management System Portal.

Final Outcome

  • The Court directed the District Inspector of Schools (4th respondent) to implement the award dated 7 Jan 2025 and the bank’s letters dated 17 Feb 2025 and 22 Oct 2025, and to forward the award and related communications to the Commissioner of School Education, West Bengal within two weeks of this order.
  • Upon receipt, the Commissioner of School Education (3rd respondent) is mandated to address the issue and take necessary steps within four weeks.
  • The writ petition is disposed of with no order as costs. Since no affidavit was invited, the allegations in the petition are deemed not admitted.
  • An urgent certified website copy of the order may be supplied to the parties upon compliance with requisite formalities.

Topics: Salary Attachment, Loan Default Enforcement, Cooperative Banking