ZILA SAHKARI KENDRIYA BANK MARYADIT Vs. RAJJU KHAN

JUDGEMENT

(1.) THE petitioner, being aggrieved by order dated 7.9.2011 (Annexure P/1) passed in Second Appeal No. 137/2010 by respondent No.2 MP. State Cooperative Tribunal Bhopal, confirming the order dated 2.6.2010 (Annexure P/2) passed by respondent No.3 Joint Registrar, Cooperative Societies, Sagar directing the petitioner/Zila Sahkari Kendriya Bank Maryadit, Panna (for brevity petitioner-Bank) to release a sum of Rs.76,069/- to respondent No. 1 Rajju Khan alongwith the interest has come to this Court by filing a writ petition under Article 227 of the Constitution of India.

(2.) BRIEFLY stated the facts of the case are that the respondent No. 1 served the petitioner-Bank as a Branch Manager and retired on 31.8.2011. The Primary Cooperative Societies, working under his supervision, were allocated the distribution of pesticides including its storage, control and supervision during his posting as Branch Manger, Branch Shahnagar. But due to his carelessness, the pesticides could not be sold and returned back to M.P. Agro Industries and Development Corporation and thus a loss had occurred to the petitioner- Bank. Therefore, a detailed enquiry was conducted against respondent No. 1 for the loss incurred to the petitioner-Bank and it was decided to recover a sum of Rs.76,069/- from the retiral benefits of the respondent No.1. Respondent No. 1 had taken voluntary retirement on 31.8.2011 and pursuant thereto, the petitioner-Bank had released all the retiral dues to respondent No. 1 but from the gratuity of Rs. 1,83,000/-, the aforesaid sum of Rs.76,069/- was deducted and the balance amount was paid to respondent No. 1.

(3.) THE Apex Court in Secretary, ONGC Limited and another vs. V.U. Worrier (supra) held thus:-