JILA SAHAKARI KENDRIYA BANK Vs. RODILAL

JUDGEMENT

(1.) The petitioner has filed this petition under Article 227 of the Constitution of India seeking quashment of the order passed by Board of Revenue (respondent No. 4) in Appeal No. 87-2/88 (Annexure-P / 12), thereby directing reinstatement of respondent No. 1 in service with back wages.

(2.) Briefly stated the facts of the case are that respondent No. 1 was in the employment of the petitioner-Bank as Assistant Accountant and at the relevant time was working as Manager (Samiti Sevak). The services were governed under the rules framed by the Registrar under Section 55 (1) of the M.P. Co-operative Societies Act, 1960. On 31-1-1984, a show cause notice was given to respondent No, 1 on allegation of commission of major misconduct (Annexure-P/1). Enquiry was held. Another show cause notice on different charges were also given (Annexure-F / 3). On proof of major misconduct services were terminated by order dated 21-6-1985 (Annexure- P/5), Against this order, respondent No. 1 filed the dispute under Section 55 (2) of the M. F Co-operative Societies Act before Assistant Registrar, Co-operative Societies, Mandsaur which was registered as Case No. C-1 / 85-86 (Annexure- P/8). The Assistant Registrar dismissed the case on 9-1-1987 (Annexure-P/10). Respondent No. 1 then filed first appeal before Joint Registrar, Co-operative Societies, Ujjain (respondent No. 3). The appeal was dismissed on 11-2-1988 (Annexure-P/11). Dissatisfied, respondent No. 1 filed second appeal before Board of Revenue (respondent No. 4). Respondent No. 4 allowed the appeal and passed the order as noted above (Annexure-P / 12). This order is impugned in this writ petition,

(3.) I have heard Shri M.D. Sinha, learned Counsel for the petitioner; Shri A.K. Sethi, learned Counsel for respondent No. 1 and Shri Vinay Zelawat, learned Government Advocate for respondents No. 2 to 4. None for respondent No. 5.