HUKMI CHAND Vs. JHABUA COOPERATIVE CENTRAL BANK LTD

JUDGEMENT

(1.) The appellant was employed as a Supervisor with the first respondent, Jhabua Cooperative central Bank Ltd. , Jhabua, Madhya Pradesh. With effect from 1/4/1976, he was also put in charge of supervising the affairs of Adimjati Sewa Sahakari Sanstha Maryadit, Kalyanpura, as he was posted as a Supervisor in Kalyanpura Branch of Respondent I-Bank from the year 1974. From September 1976, he was relieved of the additional duties of supervising affairs of Adimjati Sewa Sahakari Sanstha Maryadit, Kalyanpura. He, however, continued as Supervisor of Kalyanpura Branch of Respondent 1 -Bank. In 1976, certain irregularities in distribution of sugar were detected while examining the working of Adimjati Sewa Sahakari Sanstha Maryadit, Kalyanpura. The appellant along with one Meghraj was charge-sheeted in Criminal Case No. 1197 of 1977. The appellant was convicted and sentenced to rigorous imprisonment for one year and a fine of Rs 1,000. 00 for offence under Section 3 read with Section 7 of the Essential Commodities Act. The order of conviction is dated 12/1/1978. The appellant preferred an appeal being Criminal Appeal No. 8 of 1978. The appeal was, however, dismissed. The appellant preferred a revision before the High court which was allowed by the High court by its order dated 5/9/1979 onthe ground that the prosecution had failed to prove the charge against the appellant.

(2.) In the meanwhile, on account of conviction of the appellant under the order of 12/1/1978, Respondent I, by its order dated 4/2/1978, terminated the services of the appellant under Rule 49 (1 of the Cooperative central Bank Employees Rules, 1977. On account of the ultimate acquittal of the appellant by the order of the High court dated 5/9/1979, the appellant was reinstated in service by the first respondent-Bank under an order dated 17/9/1979. Back wages were not, however, granted to the appellant. The representation of the appellant for payment of back wages was rejected. The appellant filed a writ petition before the Madhya Pradesh High court on 6/3/1978 challenging the order of dismissal and also the vires of Rule 49 (0. The writ petition has been dismissed by the High court. Hence the present appeal.

(3.) Under the Madhya Pradesh Cooperative Societies Act, 1960, Section 55 (1 provides as follows: