- (1.)The petitioner was functioning as the Secretary of the Nayagarh Co-operative Central Bank (hereinafter referred to as the 'Bank'), but in 1968 he was relieved of his aforesaid post. Being aggrieved by the order of removal the petitioner filed O. J. C. No. 863 of 1968 in this Court, and in the final hearing, of that case . he was declared to be continuing in service as the Secretary of the Bank, and a writ of certiorari was issued not to give effect to the order of termination passed against the petitioner. Thereafter on 22-2-1970 by a resolution of the meeting of the Board of Directors of the Bank the petitioner was suspended from service. O. J. C. No. 238 of 1970 is directed against the said order of suspension.
(2.)The petitioner was served, with the suspension order and the draft charges against him and he was asked to show cause against the same within one month. The Board of Directors of the Bank (hereinafter referred to as the 'Board') in their meeting dated 18-3-1971 dismissed the petitioner from the Bank service with effect from the afternoon of 18-3-1971. O. J. C. No. 1055/71 has been filed against the said order of dismissal.
(3.)Both the O. J. Cs. were taken up together for hearing. In course of the hearing of the said cases Mr. L. Rath, the learned counsel for, the petitioner in both the O. J Cs., fairly, and rightly conceded that the fate of O. J. C. No. 238/70, by which the order of suspension was impeached, will depend on the decision to be given in O. J. C. No. 1055/71, by which the order of dismissal was challenged. That being so, O. J. C. No. 1055/71 was taken up for consideration, and the learned counsel appearing for both the parties made their submissions mostly with regard to this case. On the decision in this case, only a consequential order has to be passed in O. J. C. No., 238/70.