LAWS(MPH)-2006-1-140

ZILA SAHAKARI BANK MARYADIT RAJGARH Vs. SHYAM SUNDER

Decided On January 03, 2006
Zila Sahakari Bank Maryadit Rajgarh Appellant
V/S
SHYAM SUNDER Respondents

JUDGEMENT

(1.) THE petitioner has filed this petition challenging the order of M.P. State Co-operative Tribunal passed in First Appeal Case No. 23/2001 dated 29.11.2001 and also the order of the Joint Registrar, Co-operative Societies, Bhopal. Both the authorities i.e. the Joint Registrar of the Co-operative Societies and the M.P. State Co-operative Tribunal have held that compulsory retirement of the respondent No. 1 was bad in law. The respondent No. 1, who was working as Branch Manager has been retired compulsorily as per resolution of the petitioner Bank dated 26.1.1999 under Rule 72 (1) of the Service Rules.

(2.) MAIN contention of the respondent No. 1 before the Joint Registrar in his application filed under section 55 (2) of the Co-operative Societies Act was that the order of his compulsory retirement was arbitrary and the Board did not consider his case objectively.

(3.) THE petitioner filed an appeal before the Co-operative Tribunal and the Appellate Authority also independently assessed the A.C.Rs of the employee which were produced by the petitioner Bank for the years of 1980, 1982, 1988, 1989, 1990, 1992, 1993, 1994 and 1997 and it has specifically been noted by the Appellate Authority that there was no adverse C.R. entry of the respondent No.1. He was described as man of good character, conduct and integrity. Although there were two enquiries initiated against him in the years of 1979 and 1999 and the employee challenged the aforesaid enquiries before the Court and those have been quashed and on the aforesaid basis the Appellate Authority dismissed the appeal.