NATHURAM SEN Vs. DISTRICT CENTRAL CO-OPERATIVE BANK

JUDGEMENT

(1.) IN the present petition, the petitioner has claimed a relief against the respondent No. 1, which is a Co-operative Society registered and governed under the provisions of the M. P. Co-operative Societies Act, 1960. The relief which the petitioner has prayed for is that a direction be given to the respondent No. 1 to reinstate the petitioner in service as UDC with all difference of allowances, back-wages and all pecuniary benefits with interest till the date of his reinstatement with seniority.

(2.) IN the present case, return has been filed on behalf of the respondents. In the return, the respondents have stated that a dispute by the petitioner under Section 55 (2) of the M. P. Co-operative Societies Act, 1960 has already been filed and is pending before the Deputy Registrar, Co-operative Societies, Tikamgarh. The said dispute was filed on 18-12-2002 by which the petitioner has prayed for the quashment of the order of punishment whereby a penalty of removal from service has been imposed.

(3.) LEARNED Counsel for the petitioner submitted that subsequent to the filing of the dispute, the Chairman of the respondent No. 1 Bank has already passed an order dated 14-12-2002, which is Annexure P-5. The said order is passed in the note-sheet and it has been stated by the Chairman that keeping in view the inquiry report which is submitted by the Inquiry Officer, charges against the petitioner are not (bund proved, as no fault of the petitioner has been found. Accordingly, it has been directed to take back the petitioner into the employment along with back wages. Learned Counsel for the petitioner submitted that the aforesaid order in the note-sheet by the Chairman has been passed on the basis of the findings recorded by the Inquiry Officer and supplied to the petitioner by way of a covering letter, which is Annexure P-1, dated 4-7-2005.