RANJEET KUMAR Vs. REGISTRAR CO-OPERATIVE SOCIETIES

JUDGEMENT

(1.) This writ petition is directed against the order of the Secretary/Chief Executive Officer, District Cooperative Bank Limited, Bareilly, dtd. 28/2/2023, inflicting upon the petitioner punishment of with holding two increments with cumulative effect, after holding disciplinary proceedings. The decision carried in the order impugned is one taken by the Committee of Management of the Bank last mentioned, but formally made by the Secretary/ Chief Executive Officer.

(2.) The petitioner is a clerk in the employ of the District Cooperative Bank Limited, Bareilly (for short, 'the Bank'). The period of time, to which the proceedings giving rise to the present writ petition relate, the petitioner was posted in the Meerganj Branch of the Bank at Bareilly as Cashier-cum- Clerk. The petitioner asserts that his service record is otherwise free from blemish. He was placed under suspension pending inquiry vide order dtd. 20/12/2021 under the provisions of the Uttar Pradesh Co-operative Societies' Employees Service Regulations, 1975 (for short, 'the Regulations of 1975') on al- legation that on the day specified therein, when the cash was checked, it was found short. There is also an allegation against the petitioner that he had taken a loan from a member of the public and remained absent from duty with- out information or leave. A charge-sheet was issued to the petitioner on 4/3/2022, after approval by the Secretary/ Chief Executive Officer of the Bank. The petitioner filed his reply dtd. 15/4/2022, denying all the charges.

(3.) During the inquiry, the petitioner was called in by the Inquiry Officer directing him to appear before him on 4/2/2022 at 11.30 a.m. to defend him- self. The petitioner submitted his defence further before the Inquiry Officer on the date fixed, that is to say, on 4/2/2022. The Inquiry Officer submitted his inquiry report or the inquiry note, holding the petitioner guilty. The petitioner was then required by the Secretary/ Chief Executive Officer of the Bank, vide a letter dtd. 28/7/2022, to appear before him for a personal hearing on 5/8/2022 at 4.00 p.m. In compliance with the said letter, the petitioner ap- peared before the Secretary/ Chief Executive Officer of the Bank. He denied the charges. This proceeding was followed by another notice dtd. 1/9/2022 from the Secretary/ Chief Executive Officer, directing the petitioner to appear before the Committee of Management on 5/9/2022 at 1.00 p.m. for a personal hearing and make submissions in his defence. A show-cause notice was then is- sued by the Secretary/ Chief Executive Officer, requiring the petitioner to answer the charges against him finally. The petitioner submitted his reply dtd. 15/12/2022, again refuting the charges. The petitioner was called in person to appear before the Committee of Management once again on 24/1/2023, vide letter dtd. 18/1/2023, scheduling the time at 1.00 p.m., but the petitioner could not appear on account of being ill.