SANATAN BARIK Vs. STATE OF ODISHA & OTHERS

JUDGEMENT

(1.) This writ petition arises out of an order dated 16.6.2012 passed by the Registrar, Cooperative Societies, Orissa, Bhubaneswar on disposal of a representation dated 28.3.2012 alongwith an additional representation dated 8.5.2012of the petitioner. In this writ petition, the petitioner has prayed for a direction to the opposite parties to reinstate him with back wages and service benefits within a stipulated period of time.

(2.) Short background involved in the case is that while the petitioner was working as an Accountant under the Keonjhar Central Cooperative Bank in its Anandaur branch, certain charges were framed against him as appearing at Annexure-2 to this petition. The petitioner submitted his explanation denying the charges. Bank authorities being not satisfied with the explanation submitted by the petitioner, appointed an Enquiry Officer. Upon completion of the inquiry, the Enquiry Officer submitted a report exonerating the petitioner from charges after observing that there is no involvement of the petitioner in the alleged incidents. It is submitted that in spite of the above developments, the petitioner was placed under suspension vide Office order dated 14.7.2008. After few months on 11.11.2008, the management in disagreement with the report in the inquiry issued a second show cause notice as against the proposed decision of the management to dismiss the employees including the petitioner from services as a measure of major punishment. Receiving the notice to show cause as to why the proposed punishment shall not be inflicted as against the petitioner for the management'.s disagreement with the observations in the inquiry report, the petitioner submitted his explanation challenging the proposed punishment. It appears for not being satisfied with the show cause submitted by the petitioner, the petitioner was also given a chance of personal hearing. It is alleged that though a notice indicating personal hearing of the petitioner was issued but in fact there was no personal hearing taken place and finally, an order imposing major punishment of dismissal from service was issued to the petitioner on 18.6.2009 as at Annexure-7 to this petition.

(3.) Challenging the order of dismissal under Annexure-7 the petitioner preferred an appeal to the Managing Committee following the provisions contained in Staff Service Regulation of the Bank. The appellate authority was in no mood of disposing the appeal, which constrained the petitioner to move a petition before the High Court vide W.P. (C) No.11908 of 2010 and the writ petition was disposed of by this Court by its order dated 2.8.2010 directing therein the appellate authority to dispose of the appeal on its own merit as expeditiously as possible preferably within two months from the date of receipt of certified copy of the order. It is further submitted that the petitioner in the meantime has been communicated with an order dated 1.10.2010 which indicated disposal of the appeal involving the petitioner. In the meantime, there was a surcharge proceeding against the petitioner. The order being passed against the petitioner in the surcharge proceeding, the petitioner preferred a reference application under Section 112-A of the Cooperative Societies Act. The Tribunal vide its order dated 6.3.2009 decided the reference application in terms of the judgment passed in J.A. No.35/2007. Assailing the impugned order directing that unless the amount indicated therein is deposited, the appeal shall not be heard, the petitioner preferred a writ petition before this Court. Considering the gravity involved in the matter, this Court directed the Managing Committee to appear in person before this Court and considering the submission of the Managing Committee appeared in person filing an affidavit annexing therein a review order of the Management in connection with the appeal in exercise of power under Rule 39(a)(ii) taking a decision therein for reinstatement of the petitioner.