SANTANU KUMAR JENA Vs. REGISTRAR COOPERATIVE SOCIETY

JUDGEMENT

(1.) The petitioner, who was working as Cooperative Supervisor in Koraput Central Cooperative Bank Ltd. has filed this application seeking for a direction to Registrar Cooperative Societies to recommend his name to the State Level Standing Committee for consideration of his case for selection and appointment in Orissa State Cooperative Bank and promote him to a equivalent post in the rank of Inspector, Cooperative Societies in the establishment of the Central Cooperative Bank and also to pay him the entire dues for the period of suspension i.e. 15.4.1996 to 14.9.1997 as he has been exonerated from all the charges and further seeking for a direction to grant all consequential benefits as due and admissible to him in accordance with law.

(2.) The short fact of the case in hand is that Koraput Central Cooperative Bank is one of the 17 Central Cooperative Banks of Orissa functioning within the territory of undivided Koraput District. The Orissa State Cooperative Bank being the apex Bank of the 17 Central Cooperative Banks, the Service Condition of the Central Cooperative Banks are regulated by the Central Cooperative Banks Staff Rules, 1984, which has been duly approved under Section 33 -A of O.C.S. Act by the Registrar Cooperative Societies. The petitioner being a graduate in Arts was appointed as Assistant Supervisor on 26.07.1983. The Government in addition to the channel of appointing the Central Cooperative Bank employees in the apex Bank, created another channel for eligible employees to take the post of Inspector of Cooperative societies under the Registrar Cooperative Societies, Orissa, who issued letter on 18.06.1993 calling upon the Deputy Registrar to sponsor eligible names for appearing in the written test and viva voce test for appointment in the post Inspector Cooperative Societies. It was indicated in the letter that the sponsored candidates must have outstanding performance and exceptional merit and ability. The name of the petitioner was sponsored by the Koraput Central Cooperative Bank for the said purpose and accordingly the petitioner appeared in the written test held on 25.02.1996 and having qualified in the said test he was called upon vide letter dated 12.08.1996 to appear in the viva voce test scheduled to be held on 23.08.1996. But on 23.08.1996, the viva voce test could not be held and subsequently the said viva voce test was held on 6.8.1997 and the petitioner was prevented by the Koraput Central Cooperative Bank to appear the said test. Thereafter, he was placed under suspension on 17.5.1997 but subsequently he was reinstated in service on 13.09.1997 and in between the viva voce test date i.e. 06.08.1997 was over. Therefore, it is stated that the petitioner is deprived of getting promotion to the post of Inspector of Cooperative Societies by preventing him to appear in the viva voce test scheduled to be held on 6.8.1997 and as such his case was also not considered for promotion by the bank in similar post. Therefore, he made representation before the authorities and without considering his representation in proper perspective, he was served with charge. In response to the same, the petitioner represented himself and inquiry was also conducted by the A.R.C.S. In the inquiry proceeding itself, the petitioner was fully exonerated from all the charges vide inquiry report on 14.12.2001. It was held in the inquiry report that the order of suspension is unjustified and the petitioner should be promoted to the post filled up in official basis and he should be allotted permanent vacancy reserved for him. The benefit having not been extended to the petitioner, he has approached this Court by filing the present writ application for appropriate relief.

(3.) Mr. K.B. Panda, learned counsel for the petitioner strenuously urged that the petitioner should be given promotion to the post of Inspector of Cooperative Societies or similar such post in the bank itself and he should be granted consequential service benefits as due and admissible to him in accordance with law.