ZILA SAHKARI KENDRIYA BANK MYDT Vs. JANKI PRASAD

JUDGEMENT

(1.) IN this petition, under Article 227 of the Constitution of India, concurrent orders passed by the Joint Registrar on 29.09.2008 (Annexure P -2) and order passed by the Madhya Pradesh State Cooperative Tribunal, Bhopal on 28.01.2011 (Annexure P -1) have been called in question.

(2.) FACTS of the case are that the respondent No.1 was working as a Branch Manager in the petitioner -Bank at Branch Semariya, District Panna. It is said that while working as a Branch Manager he granted overdraft facilities worth Rs.3,02,500/ - to two customers. On allegations of misappropriation and on certain other grounds a departmental proceeding was initiated and after conducting the departmental enquiry he was dismissed from service.

(3.) ON a dispute being raised under Section 55(2) of the Madhya Pradesh Cooperative Societies Act, the Joint Registrar called for original record of the departmental enquiry and as is evident from order dated 29.09.2008 (Annexure P -2), Joint Registrar found various infirmities in conduct of the departmental enquiry inasmuch as relevant documents were not supplied to the respondent no.1 and the procedure in accordance with the principles of natural justice were not followed. Accordingly, the departmental enquiry was found to be vitiated. The Joint Registrar set aside the order dated 1.11.2004 and directed the petitioner Bank to pay all the retiral benefits to the respondent No.1. It was also directed that during the period of termination the respondent -employee is not entitled for any other amount except the subsistence allowance on the principle of no work no pay. If the subsistence allowance remains to be paid, the same be paid to the respondent -employee.