- (1.) Heard learned counsel for the petitioner and learned counsel for the respondents.
(2.) The petitioner while working as Manager in District Co-operative Bank, Ltd. was proceeded against on the charge of negligence for causing loss of Rs.2,81,500/-. Simultaneously proceedings were also drawn against one Sri Raj Kumar Yadav in respect of the same occurrence being the cashier who left the cash unlocked during lunch hours that was operated under double lock system. After conclusion of the disciplinary proceedings punishment of dismissal from service was imposed on both the charged employees. The order of dismissal from service in respect of Sri Raj Kumar Yadav was approved by the U.P. Co-opertive Institutional Board whereas the dismissal order against the petitioner was not approved for want of clear 15 days notice and in this manner the punishment of dismissal from service could not be inflicted upon the petitioner and he continued to remain in service until the date of his superannuation on 31.07.2007. The dismissal order passed against the two employees, makes a mention of loss of Rs. 2,81,500 recovery of which simultaneous to the punishment of dismissal was also ordered.
(3.) For recovery of the alleged loss, the Bank proceeded against both the employees. An order dated 24.08.2006 was passed against the petitioner for recovery of an amount of Rs, 2,81,500. The petitioner filed an appeal against the said order under regulation 86 of the U.P. Co-operative Societies Employees Service Regulations, 1975 which was rejected by means of order dated 14.10.2006 giving rise to the present writ petition.;