BHAGIRATHI BASTIA Vs. MEMBER SECRETARY, CADRE COMMITTEE, DISTRICT CENTRAL CO-OPERATIVE BANK LTD, BOLANGIR & OTHERS

JUDGEMENT

(1.) This writ petition has been filed at the instance of the delinquentpetitioner assailing the order dated 30.1.2013 passed by the learned Member, Co-operative Tribunal, Odisha, Bhubaneswar in Service Dispute No.11 of 2011 under Annexure-1, a dispute under Section 67(B) of the Orissa Co-operative Societies Act, 1962.

(2.) Short background involved in the matter is that the petitioner while continuing as Cadre Secretary of District Central Co-operative Bank, Odisha, Bhubaneswar met with a Motorcycle accident on 1.2.2000. The petitioner claimed that he had tendered leave application to the competent authority through the President of Kansara Service Co-operative Society Ltd. and underwent treatment. He was served with a suspension order on 2.6.2000. It is only after he was recovered from the ailment submitted his joining report to the competent authority with Medical Certificate on 10.5.2010 and it is at this point of time he was informed that he has been dismissed from service with effect from 18.4.2002 as a result of an established disciplinary proceeding. The petitioner on the allegation that he had never got any communication of initiation of any disciplinary proceeding, raised a dispute under Section 67(B)(1)(i) of the Orissa Cooperative Societies Act, 1962 before the Member, Co-operative Tribunal, Odisha, Bhubaneswar raising the dispute, the petitioner contended that when he was under suffering on account of Motorcycle accident and absent on that account, he has not been communicated about the initiation of the proceeding initiated against him and the proceeding has been decided behind his back and culminated with an ex parte dismissal order. Under the circumstance the petitioner claimed that the order of dismissal should be interfered and set aside. Sri Tripathy, learned counsel for the petitioner to support his above pleadings referring to the documents filed by the plaintiffpetitioner submitted before the competent Authority that the petitioner has a clear case of non-compliance of natural justice involving a disciplinary proceeding resulting an order of dismissal cannot be sustained in the eye of law.

(3.) Sri Nanda, learned counsel appearing for the contesting opposite party referring to the written statement submitted that firstly the proceeding initiated in the year 2011 challenging the termination order dated 18.4.2002 suffers on account of long lapse of time being contrary to Rule 74((1) of the Orissa Co-operative Societies Rule, 1965. Further, in absence of any material to establish that petitioner was physically unfit for initiating such a proceeding after such long lapse of time and further as the petitioner admittedly was served with an order of suspension dated 2.6.2000 his claim that he was unaware of any development in between cannot be accepted. It is also contended by Sri Nanda, learned counsel appearing for the contesting opposite party that for refusal of the petitioner's accepting copy of the notices of charge sheet, appointment of Inquiry Officer and attending to the Inquiry Proceeding, further looking to the notice by way of advertisement was made in a local news paper exhibited as Ext.'K', it is thus claimed that the plea of the petitioner that he was unaware of the proceeding cannot be otherwise accepted.