VIRESH KUMAR TIWARI Vs. ZILA SAHKARI BANK LTD

JUDGEMENT

(1.) This writ petition has been filed for quashing the orders dated 30.4.2003 and 8.5.2003 and for a direction to the respondents to reinstate the petitioner on the post of Clerk-cum-Cashier in the Zila Co-operative Bank Ltd., Ballia (hereinafter referred to as the 'Bank'). By the order dated 30.4.2003 the U.P. Co-operative Institutional Service Board, Lucknow (hereinafter referred to as the 'Board') granted approval to the proposal of the Bank dated 13.3.2003 for dismissing the petitioner from the services of the Bank and by the order dated 8.5.2003 the petitioner was dismissed from the services of the Bank.

(2.) While the petitioner was working as the Clerk-cum-Cashier in the Bank, disciplinary proceedings were initiated against him and he was placed under suspension by means of the order dated 16.9.1994. On the basis of the charge-sheet dated 2.3.1995 an enquiry was conducted against the petitioner and the Enquiry Officer submitted his report dated 22.11.2001 holding that the charges against the petitioner stood proved. The Administrative Committee of the Bank met on 13.3.2003 and decided to dismiss the petitioner from the services of the Bank. The approval from the Board was sought by means of the communication dated 17.4.2003 and the same was granted by the Board on 30.4.2003 and thereafter the dismissal order dated 8.5.2003 was issued.

(3.) I have heard Dr. H.N. Tripathi, learned Counsel for the petitioner, Sri P.N. Ojha, learned Counsel appearing for the respondent Nos. 1 to 3 and the learned Standing Counsel appearing for respondent No. 5. Though notice was issued to respondent No. 4 but no Counsel has put in appearance on behalf of respondent No. 4.