HEMENDRA NATH THAKURIA Vs. STATE OF ASSAM

JUDGEMENT

(1.) By this writ petition the order of the Executive Committee of the Gauhati Co-operative Urban Bank Ltd., dated 30.1.2003 and order of the General Manager, Gauhati Cooperative Urban Bank Ltd. dated 9.5.2003 have been put to challenge. For the reasons being discussed below, this court is interfering the impugned orders dated 9.5.2003 for the limited purpose of directing the respondents 3 and 4 to re-consider the ultimate penalty of termination from service imposed to the petitioner under the impugned orders for the purpose of imposing any penalty to the petitioner other than termination from service.

(2.) The petitioner was working as Assistant Cashier in the Gauhati Co-operative Urban Bank Ltd. and he was asked to show cause for the charge that:

(3.) The petitioner submitted a representation dated 28.2.2003 to the Chairman, Gauhati Co-operative Urban Bank Ltd. requesting for cancellation of the impugned order dated 30.1.2003 and allowing him to join in his duty unconditionally. Again, on 26.4.2003, the General Manager of the Gauhati Co-operative Urban Bank Ltd. issued a letter asking the petitioner to report for his duty on or before 30.5.2003, otherwise the management will cease the provisions for further accommodation of the petitioner in the Bank. As the petitioner did not join for duty on or before 3.5.2003, the General Manager of the Bank issued the termination order dated 9.5.2003 to the effect that the Executive Committee after due consideration and threadbare discussion was of the opinion that the petitioner should not be allowed to join after 3.5.2003 and on his failure to report for duty on or before 3.5.2003 his service had been terminated w.e.f. 3.5.2003. The petitioner also filed a representation dated 8.8.2003 to the Chairman, Gauhati Co-operative Urban Bank Ltd. for reinstatement of the service. The Chairman, Gauhati Co-operative Bank Ltd. under his letter dated 30.1.2004 informed the petitioner that his prayer could not be considered and disposed of till date due some unavoidable circumstances, but necessary action in this regard will be initiated as per rules as a departmental officer had joined the Bank recently as General Manager as deputed by the Registrar, Co-operative Societies, Assam, a copy of which is available at Annexure-30 to the present writ petition.