LAWS(P&H)-2018-7-235

SURESH CHANDER SHARMA Vs. MANAGING DIRECTOR, THE HISAR DISTRICT CENTRAL COOPERATIVE BANK LIMITED AND OTHERS

Decided On July 13, 2018
SURESH CHANDER SHARMA Appellant
V/S
Managing Director, The Hisar District Central Cooperative Bank Limited And Others Respondents

JUDGEMENT

(1.) Preliminary objection has been taken by the respondents that the petition is not maintainable as an effective alternative remedy of appeal is available to the petitioner under Rule 31 of the Haryana State Central Cooperative Bank Staff Service (Common Cadre) Rules, 1975 against the impugned order of dismissal dated 22.05.2015 (Annex. P10). By that order, the services of the petitioner were dismissed by the Board of Directors of the answering respondent in their meeting held on 08.05.2015 in pursuance to the provision of Rule 27 read with Rule 29(b) of the Service Rules. The relevant provisions of Rule 29 (b) and Rule 31 are reproduced as under:

(2.) This petition was filed on 15.03.2015 after the period of expiry of limitation as prescribed in the rules. The preliminary objection is sustained and the petitioner is relegated to his remedy in appeal before the Registrar Cooperative Societies, Haryana against the order of dismissal in a case involving embezzlement etc. While dismissing the petition, it is observed that in case appeal is filed, the Registrar Cooperative Societies, Haryana would consider the request, if made, for condoning the delay in filing the appeal.

(3.) With these observations and directions, the present petition is disposed of relegating the petitioner to his regular alternative remedy of appeal. It is expected that the appeal, if filed, will be decided expeditiously preferably within four months from the date of supply of this order.