RAMDAYAL SHARMA Vs. GWALIOR DISTRICT

JUDGEMENT

(1.) APPELLANT has preferred this second appeal against the orders dated 20.5.99 passed by the Joint Registrar, Cooperative Societies, Gwalior in appeal No. 77/53/96-97.

(2.) BRIEF facts giving rise to this appeal are that the appellant was a secretary of the society in the respondent bank. A Domestic enquiry was held against him and he was dismissed from the services as per order dated 18.4.78. Respondent filed dispute case under section 64 of the M.P. Cooperative Societies Act, for short hereinafter referred to as Act, before the Dy. Registrar, Gwalior being dispute case No. 55/48/78. Learned Dy. Registrar passed order in the said dispute case on 10.6.83 and set aside the dismissal order on the ground that the enquiry was not held against the appellant in accordance with the provisions of rules and that dismissal order was not issued by the competent authority, competent to do so under the rales. He, however, denied the appellant the benefit of back wages.

(3.) AFTER recording the appellant's evidence the matter was decided afresh by the learned Dy. Registrar as per his order dated 30.11.96. Respondent bank did not produce any evidence before the Dy. Registrar despite several opportunities. As per this order the learned Dy Registrar maintained his earlier order to the effect that the dismissal order of the appellant is illegal and he deserves to be reinstated in service. He at the same time directed the respondent to complete disciplinary enquiry against the appellant and take appropriate decision in :hat matter. He, however, did not pass any order about the grant of back wages to the appellant.