E. VICTOR JAMI Vs. STATE OF NAGALAND

JUDGEMENT

(1.) In this writ petition under Article 226 of the Constitution of India, the petitioner has mainly sought for setting aside and quashing of an Order dtd. 7/2/2019 passed by the Chairman as the Disciplinary Authority, whereby the petitioner was imposed the penalty of removal from service in terms of Regulation 39[2][b][v] of the Nagaland Rural Bank [Officers and Employees] Service Regulations, 2010 ['the NRB Regulations', for short] with immediate effect. Apart from the above relief, the petitioner has sought a number of other reliefs in this writ petition, which are ancillary to the main relief.

(2.) The Nagaland Rural Bank was established under the Regional Rural Banks Act, 1976 and it is established jointly under the Government of India, Government of Nagaland and the State Bank of India.

(3.) Pursuant to a selection process conducted on 31/7/2007, the petitioner came to be selected for appointment in a post of Clerk -cum- Cashier in the Nagaland Rural Bank ['NRB' or 'the Bank', for short]. By an Order dtd. 18/9/2007, the petitioner was offered appointment in the post of Clerk -cum- Cashier in the prescribed pay scale with effect from the date of joining. The appointment order mentioned that the appointment would be governed by the NRB Regulations. The petitioner was directed to report at the Head Office of the Nagaland Rural Bank on 5/10/2007 for observing necessary formalities. On receipt of the appointment order, the petitioner accordingly joined in the post of Clerk -cum- Cashier in the Nagaland Rural Bank. By an Order dtd. 5/10/2007, the petitioner was posted to Wokha Branch on probation and he was directed to report to the Branch Manager for duty. Accordingly, the petitioner joined at the Wokha Branch by submitting a joining report dtd. 8/10/2007. When the petitioner was serving at the Wokha Branch, he was transferred to Chiephobozou Branch as Officiating Officer and Branch In-Charge w.e.f. 9/1/2016 by an Order dtd. 5/1/2016. By the transfer Order, the petitioner was directed to take over complete charge of Chiephobozou Branch on 9/1/2016. Subsequently on 14/7/2017, the petitioner who was in the substantive post of Office Assistant [Multi Purpose], was transferred to the Wokha Branch as Officiating Officer w.e.f 17/7/2017.