BELKHAIA WAR Vs. MEGHALAYA COOPERATIVE APEX BANK LTD.

JUDGEMENT

(1.) In this petition filed under Article 226 of the Constitution of India challenge has been made to the order dated 23.03.2004 passed by the respondent No.2 imposing major penalty dismissing the petitioner from service. Being aggrieved by the order dated 23.03.2004, the petitioner preferred an appeal before the Appellate Authority and the same was also dismissed vide order dated 31.10.2018 which has also been assailed.

(2.) The petitioner claims that he was an employee of Meghalaya Cooperative Apex Bank Private Limited since the year 1987 and serving as Junior Supervisor. In the year 1999 the petitioner cleared the departmental examination and was promoted to Senior Supervisor. The job profile of the petitioner involves recovery of loan and supervising the cooperative societies in the bank. The petitioner was suspended from service in the year 2000 and thereafter dismissed in the year 2004 vide order dated 23.03.2004. The petitioner states that if he had not been dismissed from service he would have retired on 26.10.2018 upon attaining the age of superannuation of 60 years.

(3.) The petitioner asserts that he was suspended from service vide order dated 12.01.2000 on the allegation that he had violated the Staff Rules of the bank and also had fraudulently misappropriated the bank 's money. Thereafter, the respondents had initiated disciplinary proceedings against the petitioner and charges were also framed. Show cause notice along with the statement of allegations mentioning the details of charges/allegations framed against the petitioner were forwarded to him. According to the petitioner, the charges framed against him were that he had realized an amount of Rs. 7000/- being the recovery of loan from one Smti. Bedis Tymmeniong of Lad Sohbar towards repayment of her L.T. (Areca nut) loan account vide receipt No.141116 dated 19.04.1995 for Rs. 2000/- and receipt No.140939 dated 02.11.1995 for Rs. 5000/- availed through Mawlong SCS whereas he did not deposit the same to the loan account maintained with Cherrapunji Branch against her loan account. He was further charged with the offence of gross dereliction of duties, gross misconduct, indiscipline and gross financial irregularities causing loss to the bank.