SHANKARLAL Vs. DEWAS CENTRAL CO OPERATIVE BANK LTD

JUDGEMENT

(1.) BY filing this petition under Article 226/227 of the Constitution of India, the petitioner seeks to challenge the second appellate order, dated 24.1.2000 (Annexure P-10), passed by Co-operative Tribunal in Second Appeal No. 21 of 1999, which in turn arises out of the first appellate Court order, dated 14.5.1995, passed by Joint Registrar in First Appeal No. 77- 15/98-99 (Annexure P-9) which in turn arise out of an order, dated 16.2.1998, passed by Deputy Registrar (Annexure P-8) in Case No. 2/96- 97. Facts in brief that led to filing of the dispute before the Deputy Registrar which eventually travelled upto this Court in writ need to be taken note of.

(2.) PETITIONER was a Bank employee working in the respondent-Bank on the post of what is known as "Samiti Prabandhak". In discharge of his duties he was found involved in defalcation of Bank's fund. This led to filing of an FIR by the Bank against the petitioner. The petitioner was then prosecuted for an offence punishable under section 409 of IPC in Case No. 371 of 1982 by JMFC, Dewas. By order dated 29.12.1984, the petitioner was convicted. However, the Criminal Court i.e. JMFC awarded sentence of fine of Rs.500/- as also sentence "till rising of the Court" to the petitioner. Due to this misconduct, the petitioner was suspended from the service. A departmental inquiry was also initiated for the same misconduct and eventually by order dated 19.4.1986, he was dismissed from service. The petitionre accepted the order of conviction and undergone the sentence awarded to him i.e. by depositing the fine amount of Rs. 500/- and also by undergoing the sentence i.e. "rising of the Court". As observed supra, it is this event that led to his dismissal from service.

(3.) HEARD Shri A.K. Sethi, learned counsel for the petitioner and Shri Ashutosh Nimgaonkar, learned counsel for the respondent.