S.D.Agarwal, J. - (1.) This petition under Art. 226 of the Constitution of India has been filed against an order dated 8-3-1975 dismissing the petitioner from the service of the Mainpuri Distt. Co-operative Bank.
(2.) The petitioner was appointed as a Clerk on 25th Oct., 1971. He was appointed on one year's probation. Subsequently, the petitioners appointment was approved by the Managing Committee of the Distt. Cooperative Bank. Mainpuri and as such the petitioner became a confirmed employee of the Distt. Co-operative Bank. It appears that thereafter a criminal prosecution was launched against the petitioner on the ground that the petitioner was also responsible for the withdrawal of a sum of Rs. 2,000/- on 15th Jan., 1972 and Rs. 4,500/- on 17th Jan., 1972 from the account of one Smt. Sita Devi by presenting a false withdrawal form. The III Additional Sessions Judge, Mainpuri, by an order dated 5th Dec., 1974, convicted the petitioner under S. 419/34, 420 and 471 of the I.P.C. In view of this conviction the petitioner was dismissed under R. 83 of the U.P. Cooperative Societies Employees Service Regulations, 1975 as the petitioner was convicted of a criminal charge involving moral turpitude. The dismissal order was passed by the President of the Bank. Consequently the petitioner has challenged the dismissal order by means of the present petition.
(3.) During the pendency of this petition, the appeal which was filed against the conviction of the petitioner has been allowed by the court on 31st Aug., 1979 and the petitioner has been acquitted of the charges levelled against him. The judgment of this Court has been attached as Annexure I to the supplementary affidavit filed with the application dated 31st Jan., 1982.;