CHAMOLI DISTRICT CO-OPERATIVE BANK LTD. THROUGH ITS SECRETARY/MAHAPRANDHAK & ANR. Vs. RAGHUNATH SINGH RANA & ORS.

JUDGEMENT

(1.) This appeal has been filed against the order dated 01.12.2010 of the Division Bench of the High Court of Uttrakhand by which judgment, the writ petition filed by the respondent Raghunath Singh Rana has been disposed of after quashing the dismissal order dated 01.02.2002. Aggrieved by the judgment, the Chamoli District Co-operative Ltd., is in appeal before this Court.

(2.) The employee/respondent No.1 submitted a reply on 31.07.1992 denying the allegations. On 05.8.1992, an Inquiry Officer was appointed to conduct the inquiry. The Inquiry Officer also submitted a report on 21.09.1992. The employee/respondent No.1 was placed under suspension by order dated 21.10.1992. No further steps were taken on the inquiry report dated 21.09.1992. However, a fresh charge sheet containing the charges which were levelled in the charge sheet dated 03.07.1992 as well as six additional charges was issued on 16.01.1993. The employee/respondent No.1 submitted a reply dated 04.02.1993 to the charge sheet denying the allegations. After submission of the reply by the employee/respondent No.1, a show-cause notice was issued to the petitioner by the District Co- operative Bank Ltd. dated 04.05.1993 asking the employee/respondent No.1 to submit a reply, failing which action under Regulation 84 of the U.P. Co- operative Societies Employees Service Regulations Act, 1975 was to be taken. The Disciplinary Authority passed a Resolution dated 11.07.2000 that charges against the employee/respondent No.1 have been proved and further action to be taken. The Disciplinary Authority passed an order on 01.02.2002, dismissing the employee/respondent No.1 with immediate effect. Aggrieved by dismissal order, writ petition was filed by the employee- respondent No.1 praying for quashing the order dated 01.02.2002 with further prayer that employee/respondent No.1 be reinstated in service with full back wages and salary.

(3.) The employee/respondent No.1's case in the writ petition was that after receipt of the charge sheet dated 18.01.1993, reply was submitted by the employee but without holding an inquiry, the Disciplinary Authority took a decision to dismiss the petition. No Inquiry have been held as provided by statutory regulations, hence, the entire proceedings are liable to be set aside.