ANCHAL KUMAR TIWARI Vs. STATE OF U. P.

JUDGEMENT

(1.) This matter has been heard on rather unconventional pleadings. On the 25th of August, 2023, the learned Counsel for the petitioner sought time to file a supplementary affidavit, when the matter came up for admission. The writ petition was, accordingly, adjourned to 12th of September, 2023. A further adjournment was sought on that day. A supplementary affidavit was filed in Court by the learned Counsel for the petitioner on 27/9/2023, when time was granted to file a supplementary counter affidavit. The learned Counsel for the respondents filed a supplementary counter affidavit on 11/10/2023. On that day, the parties did not press for further affidavits; not even a counter affidavit to the writ petition. The matter was, accordingly, admitted to hearing, which proceeded forthwith, leading to judgment being reserved.

(2.) This writ petition is directed against an order dtd. 26/7/2023 passed by the Secretary/ Chief Executive Officer, Mainpuri District Cooperative Bank Ltd., punishing the petitioner after disciplinary proceedings with reversion from the post of Branch Manager Grade-II to Manager Grade-III, and, further, directing recovery of a sum of Rs.8,53,480.00 together with 6% interest on account of loss caused to the Bank.

(3.) The District Cooperative Bank Ltd., Mainpuri is a Cooperative Bank governed by the provisions of the UP Cooperative Societies Act, 1965 (for short, 'the Act of 1965') and service conditions of their employees are governed by the UP Cooperative Societies' Employees' Service Regulations, 1975 (for short, 'the Regulations'). The petitioner is employed with the Mainpuri District Cooperative Bank Ltd. (for short, 'the Bank') as a Branch Manager. He was posted as the Branch Manager at the Bhogaon Branch of the Bank. The Committee of Management of the Bank is the petitioner's appointing authority, which comprises the Board of Directors thereof. The Chief Executive Officer of the Bank, who is the Secretary of the Committee of Management, exercises all administrative powers conferred upon him for the purpose of managing the affairs of the Bank.