THE HARYANA STATE COOPERATIVE LAND DEVELOPMENT BANK LTD. Vs. THE FINANCIAL COMMISSIONER & PRINCIPAL SECRETARY COOPERATION DEPARTMENT AND ORS.

JUDGEMENT

(1.) BY way of the instant writ petition, under Articles 226/227 of the Constitution of India, the petitioner seeks quashing of the impugned order dated 06.08.2009 (Annexure P -2), whereby the appeal filed by respondents Nos. 3 to 6, was allowed and the order dated 28.11.2011 (Annexure P -5), passed by respondent No. 1, whereby the revision filed by the petitioner was dismissed.

(2.) SUCCINCTLY , the facts of the present case are that the predecessor of respondents Nos. 3 to 6, namely Vishnu Dutt was appointed as Land Valuation Officer with petitioner -Bank on 01.04.1967. During service, he advanced a loan of Rs. 15000/ - to one Baldev Singh. The said Baldev Singh failed to repay and subsequently, an enquiry was conducted by the petitioner and during the course of enquiry, it was found that said Baldev Singh had produced forged documents to procure the said loan. A case under Sections 420, 467, 468 and 109 IPC was registered against Vishnu Dutt and he was placed under suspension w.e.f. 01.10.1973 and later on, he was convicted and sentenced to undergo imprisonment for six months. He was removed from service by the competent authority on 21.10.1982. Thereafter, the predecessor of respondents Nos. 3 to 6, filed an appeal before respondent No. 2, against removal, which was accepted, vide order dated 06.08.2009 (Annexure P -2). Feeling aggrieved against the order dated 06.08.2009, the petitioner -Bank filed a revision petition before respondent No. 1, which was also dismissed, by virtue of order dated 28.11.2011. Hence, this writ petition.

(3.) IT is contended that the the impugned orders dated 06.08.2009 and 28.11.2011 were passed against the law and facts on record. The predecessor of respondents Nos. 3 to 6, namely Vishnu Dutt, while working as Land Valuation Officer advanced a loan of Rs. 15,000/ - to one Baldev Singh on the basis of forged documents. On 18.07.1973, a case was registered against him and he was placed under suspension. He was removed from service after having been found guilty of offence punishable under Sections 420 read with Section 109 IPC and consequently, convicted for a period of six months.