MANOHAR Vs. AMRAVATI ZILLA PARISHAD SHIKSHAK BANK LTD

JUDGEMENT

(1.) The petitioner is challenging the Judgment and Order dated 16th June, 2001, passed by the Judge, Co-operative Court, Amravati, in Dispute No. 576 of 2000. The petitioner is also challenging the Judgment and Order dated 3rd May, 2002, passed by the Member, Maharashtra State Cooperative Court, Mumbai, Bench at Nagpur, in Appeal No. 56 of 2001.

(2.) As per the records, the last entry shown on 29th October, 1999 as regards cash was of Rs. 2,27,246/-. On 1st November, 1999, duplicate keys were called from the Head Office and the locker was opened in the presence of the General Manager. On counting, the cash turned out to be deficit, thereby showing a shortfall of Rs. 1,31,700/-. According to the respondent No. 1, the petitioner was responsible for the deficit of cash and that is how a charge-sheet came to be issued to the petitioner as well as the cashier Shri Chaudhary on 27th November, 1999.

(3.) After following the normal procedure of calling upon the petitioner to show cause etc., the respondent No. 1 decided to conduct an enquiry against the petitioner. One Mr. Hedau was appointed as an Enquiry Officer and the said enquiry was accordingly conducted and completed. By Enquiry Report dated 9th March, 2000, the petitioner was held guilty for the charges in the nature of misappropriation of Bank's cash. On 27th March, 2000, a Show-cause-Notice was issued by the respondent's officer and ultimately, on 23rd April, 2000, the Board of Directors passed a Resolution to terminate the services of the petitioner. Accordingly, a Termination Letter dated 28th April, 2000 was issued.