RAGHUNATH ADHIKARI Vs. CHAIRMAN RUSHIKULYA GRAMYA BANK

JUDGEMENT

(1.) The writ petitioner has challenged the impugned order of suspension in the manner as prayed for. For better appreciation the prayer is quoted hereinbelow : '...... to issue Rule Nisi calling upon the opposite parties to show cause as to why a writ of mandamus or any other appropriate writ or writs shall not be issued quashing the order of suspension dated 19.7.1988 i.e. Order No. R.G.B. 42 -2191, and if the opposite parties fail to show cause or show insufficient cause to make the Rule absolute.....'

(2.) IT is stated in details that the petitioner was appointed as a Daily Wage Labourer -cwm -Messenger in Nalbantha Rushikulya Grama Bank on 2.4.1982. He was appointed on daily wage of Rs. 8/ - for one year. Thereafter his wage was revised to Rs. 10/ - per day and again Rs. 11/ - per day in the same Branch for one and half years. Subsequently, the petitioner was given a consolidated sum of Rs. 700/ - per month. The petitioner continued till 2.4.1984 in Talabantha Branch. Then he was transferred to Ashurbandha Branch. After working continuously for more than six years the petitioner was allegedly suspended on the allegation that he had misappropriated a sum of Rs. 3040/ - which he had collected unauthorisedly. He deposited the same after it was detected by the authority. The petitioner made several representations but neither any disciplinary proceeding was initiated nor any subsistence allowance was paid to him and the matter remained in cold storage. In spite of his representation to the Chairman of the Bank nothing has come out. A Lawyer's letter followed but it was put to deaf ear. Having no other alternative the petitioner has filed the present writ petition before this Court on 4.5.1993. While the writ petition was entertained and notice was issued there was an order asking the opposite party, namely, Manager, Rushikulya Gramya Bank, Ashurbandha, Dist. Ganjam to produce the copy of the order of suspension of the petitioner dated 19.7.1988.

(3.) AN additional counter affidavit has been filed by the self -same Chairman, Rushikulya Gramya Bank on 20.9.1997 annexing a copy of the communication dated 19.7.1988 by the Manager of Rushikulya Gramya Bank addressed to the Chairman being Annexure -A/1.