S V PANVALKAR Vs. BANK OF INDIA

JUDGEMENT

(1.) The main question that arises for determination in this petition is whether the termination of the petitioner's services amounts to dismissal by way of punishment or whether it is termination simpliciter.

(2.) On 9th February, 1961, the petitioner was appointed as a Sub-Officer in Grade III in the respondent-Bank. With effect from 1st April, 1968, the petitioner was promoted to Grade D Officer in the Foreign Exchange Department in the Head Office of the respondent-Bank. At that time, the petitioner was the Chief Promoter and Secretary of Manoj Co-operative Housing Society (referred to hereafter as "the Society"), the purpose whereof was to construct residential quarters for the employees of the respondent-Bank and also for outsiders.

(3.) On 23rd, April, 1969, an enquiry was instituted under S. 83 of the Co-operative Societies Act in connection with the affairs of the Society. On 4th, October, 1969, the Registrar's nominee, one A. S. Rangnekar made a report finding the petitioner and two other officers of the Society, viz., one Kulkarni and one Pujar negligent in dealing with the funds of the Society resulting in a loss of about Rs. 3,59,000 to the Society. On 21st October, 1969, the Registrar passed an order appointment an officer under S. 88 of the Societies Act to assess the damages. On the petitioner's application, Government by its order dated 29th November, 1969 passed under S. 154 of the Societies Act annulled the Registrar's orders dated 23rd April, 1969 and 21st October, 1969 and by the same order directed a fresh enquiry into the affairs of the Society.