RAJESH MISHRA Vs. UNION OF INDIA

JUDGEMENT

(1.) The present writ petition has been preferred by the petititioner for quashing the impugned order dated 3.2.2006 dismissing the petitioner from service on the basis of the inquiry report dated 21.12.2005, and the order dated 4.8.2006 in appeal affirming the impugned order, with a further request to reinstate him in service and pay him salary and other benefits regularly alongwith arrears with effect from 13.10.2004.

(2.) The facts of the case in brief are that the petitioner is an employee of the respondent bank. On 6.4.1977 a society known as Central Bank of India Employees Salary Earners Cooperative Societies Ltd. (hereinafter referred as 'the society') was constituted and registered at Meerut under the provisions of the Cooperative Societies Act for the welfare of the salaried employees of the bank working in the State of Uttar Pradesh. The aims and objects of the society was to accept deposits through savings, current and fixed deposits and to disburse loans to the members of the society. The account of the society was opened in the branch office of the respondent bank at Meerut and all mandatory transactions of the society were carried out through the said account. The management of the society is entrusted to the elected members of the Sanchalak Mandal/executive body and as per bye laws the Sanchalak Mandal / executive body had the sole right to grant loans and advances to its members. The society elected the petitioner as its Secretary on 30.12.2000. On 6.10.2004 and 7.10.2004 a news item was published in the daily news paper Dainik Jagaran and Amar Ujala respectively regarding some irregularities of the society and in consequence thereof an inquiry was initiated by the District Assistant Registrar of District Cooperative Society U.P. Meerut.

(3.) On the basis of this inquiry report the Deputy Registrar Cooperative Societies U.P. Meerut suspended the management of the society and the responsibility was entrusted to an Administrative Committee headed by Shri Anand Kumar Singh, City Magistrate Meerut for looking after the matters of the society. On getting this news some of the members of the society agitated the matter before Regional Manager of the Bank on whose behest a news was published in the Amar Ujala to the effect that the Central Bank of India has no concern with the society. Explanation of the petitioner was sought by the Regional Manager and an FIR was also lodged against office bearers of the society. In the result the petitioner was kept behind bars and pursuant to the same was also placed under suspension with effect from 13.10.2004.