Allahabad High Court
Deep Chandra vs District Cooperative Bank ... on 12 January, 2021
Author: Manish Mathur
Bench: Manish Mathur
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 20 Case :- SERVICE SINGLE No. - 600 of 2021 Petitioner :- Deep Chandra Respondent :- District Cooperative Bank Ltd.Thru.Secy.-Cum-Chief Exec.&Ors Counsel for Petitioner :- Sridhar Awasthi Counsel for Respondent :- Niranjan Singh Hon'ble Manish Mathur,J.
Heard Mr. Sudeep Seth learned Senior Counsel assisted by Mr. Sridhar Awasthi learned counsel for petitioner and Mr. Niranjan Singh learned counsel for opposite parties.
Petition has been filed against orders dated 21st January, 2018, 29th June, 2015 and the resolution of the Board of Punishment dated 15th January, 2018 imposing punishment upon the petitioner after departmental inquiry.
Learned counsel for petitioner has submitted that the entire inquiry proceedings are without jurisdiction inasmuch as the charge sheet issued to petitioner has not been approved by the appointing authority, which is the board of management of the bank under Regulation 2(iii) of the Service Regulations which defines appointing authority as committee of management or any other authority which is empowered under the regularization or the bye laws of the society concerned to make appointment. Learned counsel has also submitted that even the inquiry report has been submitted to the Secretary and not to the Board which is the appointing authority.
Learned counsel has also drawn attention to various documents on record including the recommendation of the inquiry officer that petitioner is liable for making good an amount of Rs. 10,69,254/- in view of the loan approved by him, which have turned non performing assets.
Learned counsel for petitioner has submitted that the post retiral benefits due to petitioner are much more than the amount indicated for recovery against the petitioner and therefore the opposite parties should make payment of the excess amount due to petitioner.
In view of aforesaid, the opposite parties are granted four weeks' time to file a detailed counter affidavit.
List in the week commencing 15th February, 2021.
Considering the aforesaid submissions, the opposite parties are directed to make payment of post retiral benefits due to the petitioner over and above an amount of Rs. 11 lacs after adjusting the amount already recovered from Rs. 11 lacs. The aforesaid payments shall be made within a period of eight weeks from the date a copy of this order is produced before the concerned authority. In case of any legal impediment with regard to same, such impediment shall be indicated in the counter affidavit.
Order Date :- 12.1.2021 prabhat