VED PAUL SHARMA Vs. CITIZEN CO-OPERATIVE BANK LTD
HIGH COURT OF JAMMU AND KASHMIR
Ved Paul Sharma
Citizen Co -Operative Bank Ltd
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(1.) ADMITTED with the consent of the parties. Taken up for final disposal. The sequence of events which has led the appellant to invoke jurisdiction
of this court under clause 12 of the Letters Patent are being noticed
(2.) THE appellant was working with the respondent Citizens Cooperative Bank Ltd. He was working as Accountant (Acting Manager). A
charge -sheet came to be served on him. This happened on 18 -05 -1993. The
allegation against him was that he in connivance with a Cashier/Clerk of
the New Plot Branch, Jammu intentionally committed fraud vis -a -vis in the
holder of Saving Account No. 4720. The appellant submitted his reply on
22 -05 -1993. Thereafter on 22 -06 -1993 the Managing Director of the Bank communicated the order to the appellant. This order recites the fact that
the matter has been considered by the Board of Directors and it has
formed an opinion that the explanation as given by the appellant to the
charge -sheet was not satisfactory. The Bank thus decided to terminate the
services of the appellant. The decision so taken as indicated above was
communicated by the Managing Director.
(3.) A revision was preferred before the Registrar, Cooperative Societies. This was so preferred under Rule 23 of the Rules framed under
the J&K Cooperation Societies Act. Particular reference was made to the
rules, namely, J&K Cooperative Societies Rules 1988. These rules were
promulgated vide SRO 233. In the said revision petition the Registrar,
Cooperative Societies stayed the operation of the order by which the
services of the petitioner were brought to an end. On the intervention of
the Board of Directors who appeared before the Registrar, the interim
order passed on 14 -06 -1993 was connected. The appellant was not heard.
This order was passed on 16 -06 -1993. Against the afore -mentioned order a
writ petition was preferred before this court. This bears No. SWP No.
943/93. This writ petition was allowed The Registrar was directed to decide the matter on merits.
In the meanwhile, there was stay of the order of termination passed by the Board of Directors.;
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