SURENDRA KUMAR RAI Vs. BOARD OF REVENUE

JUDGEMENT

(1.) By this petition under Article 227 of the Constitution of India, the petititoner has challenged the order dated 28.7.1981 (Annexure P-1) passed by respondent no. 4 under Rule 51 (1) of the M. P. Co-operative Central Bank Employees Services (Terms of Employment and Working Conditions) Rules 19/7 (for short the 'Rules') terminating the petitioner's services simplicitor by giving 3 months notice.

(2.) The petitioner challenged the order by raising a dispute under Section 55(2) of the M. P. Co-operative Societies Act, 1960 (for short the 'Act') before the Assistant Registrar, Co-operative Societies, Raisen. After appraisal of evidence adduced by the parties, vide order dated 4.8.1983 (Annexure P-4) the Assistant Registrar, maintained the order of termination. Aggrived of the order the petitioner preferred an appeal which was dismissed by the Joint Registrar of Cooperative Societies, vide order dated 10.7.85 (Annexure P-5) A Second appeal preferred under Section 71 of the Act was also dismissed by the Board of Revenue, vide order dated 27,7.88 (Annexure P-8), hence, this petition under Article 227 of the Constitution of India.

(3.) The Assistant Co-operative Societies after recording of evidence of the parties held that the petitioner was guilty of interpolation in the cash box and kept the amount of cash Rs. 530/- for his own use. When it came to the notice of the Bank the petitioner deposited the amount. The Assistant Registrar also found that the petitioner was in habit of remaining absent from duty without prior sanction of leave. The Board of Revenue affirmed the findings of the Assistant Registrar, and relying on a Full Bench decision of this Court in case of Central Co-operative Bank v. Shibbulal and others, AIR 1988 MP 3 wherein, held that services of an employee can be terminated simplicitor by dropping the disciplinary enquiry to avoid stigma such an order cannot be considered as an order of punishment. Non payment of notice pay is not a condition precedent and for that the order cannot become illegal.