THE PRESIDENT AND DISCIPLINARY AUTHORITY, THE MERCHANTS SOUHARDA SAHAKARA BANK NIYAMITA, CHITRADURGA AND ANOTHER Vs. G. DEVADAS AND ANOTHER

JUDGEMENT

(1.) Petitioner 1 is the President of the Merchants' Souharda Sahakara Bank Niyamita. 2nd petitioner is its Chief Executive Officer. They have filed this writ petition challenging the order passed by the Karnataka Appellate Tribunal in Appeal No. 452 of 2010 on 12-1-2016 thereby setting aside the order passed by the Joint Registrar of Co-operative Societies-respondent 2 herein and directing reinstatement of the 1st respondent into service with all service and financial benefits but reserving liberty in favour of the Bank to continue the domestic enquiry from the stage at which it had been stopped, by affording an opportunity to the official to defend himself against the charges levelled against him.

(2.) Briefly stated, the facts involved in he case are that respondent 1 was working as Head Cashier in the Merchants' Souharda Sahakara Bank Niyamita, Chitradurga. He was placed under suspension on 29-3-2006 pending criminal investigation and disciplinary enquiry. A charge-sheet dated 24-7-2007 was issued alleging that he had committed misconduct in not discharging his duties as a responsible and trustworthy official of the Bank as he had indulged in irregularities with regard to alleged loss of Rs. 10 lakhs. In the Statement of Imputation of charges, it was alleged against him that he had misappropriated a sum of Rs. 10 Lakhs belonging to the Bank and had falsely reported to the higher officers that the said amount had disappeared.

(3.) In the enquiry three witnesses were examined. The three witnesses in their allegedly deposition admitted that respondent 1 was not responsible for the loss caused to the Bank. At this stage, the enquiry was abandoned by the Bank and the Bank proceeded to pass an order dismissing respondent 1 from his service vide order dated 24-10-2008. Respondent 1 raised a dispute before the Joint Registrar of Co-operative Societies under Sec. 39 of the Karnataka Souharda Sahakari Act, 1997.