S YANGER AO Vs. STATE OF NAGALAND

JUDGEMENT

(1.) The petitioner, who was appointed to the post of LDA/Cashier/ Cashier-Cum-Clerk in Nagaland State Co-operative Bank Ltd. (hereinafter referred to as 'respondent bank'), by the present writ petition has challenged the order dated 16.06.2004, issued by the Managing Director of the said bank intimating the decision of the Board of Directors, i.e., disciplinary authority to terminate him from service with immediate effect and also the order dated 08.09.2004 issued by the Managing Director rejecting the claim of the petitioner for back wages from the date of his earlier termination i.e. dated 19.12.1998 till the date of the present termination in question i.e. 16.06.2004.

(2.) Heard Mr. M. Wabang, learned counsel for the petitioner and Mr. T.B. Jamir, learned counsel for the respondent bank.

(3.) The learned counsel for the petitioner referring to the averments made in the writ petition as well as the record produced by the learned counsel appearing for the respondent bank has submitted that the disciplinary proceeding initiated and conducted against the petitioner by issuing show cause notice dated 24.06.2003, has been conducted in complete violation of principles of natural justice inasmuch as the witnesses examination by the management in support of the charges levelled against him have not been sallowed to be cross examined by the petitioner in the enquiry proceeding, though the petitioner under Rule 121 of the Staff Service Rule of the respondent bank has the right to cross examine such witnesses. The learned counsel, therefore submits that the decision to terminate the petitioner from service on the basis of the enquiry report submitted by the enquiry officer base on such proceedings needs to be interfered with.