LAWS(MPH)-2012-12-167

BETUL NAGRIK SAHKARI BANK MARYADIT Vs. ARVIND YADAV

Decided On December 07, 2012
Betul Nagrik Sahkari Bank Maryadit Appellant
V/S
Arvind Yadav Respondents

JUDGEMENT

(1.) Order dated 12.8.2011 passed by M.P. Co operative Tribunal is being assailed vide these two writ petitions. By this order the Tribunal affirms the order dated 8.10.2010 passed by Joint Registrar, Cooperative Societies, Hoshangabad; whereby, the order dated 30.5.2008, terminating the services of respondent (in W.P. No. 14833/2011) in a departmental inquiry has been setaside holding that that the inquiry proceedings got vitiated for not affording reasonable opportunity of hearing.

(2.) By impugned order the Tribunal upheld the order passed by the Joint Registrar but declined to grant backwages to the respondent employee.

(3.) The petitioner employer vide W.P. No. 14833/2011 challenges the order on the ground that the same suffers from material irregularity as the Tribunal has failed to appreciate that the facts in right perspective and though there were ample material on record to bring home the fact that proper opportunity was granted to the respondent employee, but he himself did not avail the same and for that the employee himself was to be blamed and this aspect of the matter having been ignored by the Tribunal, perversity has crept in the order.