- (1.) This special appeal arises out of a judgment and order of a learned Single Judge dated 16.4.2018 allowing Writ-A No. 36117 of 2016 (Heeraman Ram v. State of U.P. and 4 Ors.) preferred by respondent no. 5.
(2.) The brief facts of the case which are necessary to decide the issue involved in the case are that the fifth respondent-petitioner preferred a writ petition for quashing of his dismissal order dated 18.6.2016 passed by the Secretary/Chief Executive Officer, District Cooperative Bank Limited, Ballia, the appellant herein. The fifth respondent-petitioner was initially appointed on a Class-IV post in the year 1987 as a Guard/Assistant. He was posted at District Cooperative Bank Limited, Main Branch, Ballia. The respondent-petitioner was transferred to various branches of the Bank. He claims that his service record is unblemished and he has never been subjected to any disciplinary proceeding.
(3.) On 14.9.2011, he was transferred from Garwar Branch to Belthara Road Branch. At the said Branch, he was given the additional charge of cashier, a class-III post. The respondent-petitioner joined new place of posting on 15.9.2011. On 26.9.2011 after the joining the fifth respondent-petitioner submitted an application to the Secretary/General Manager, District Cooperative Bank Limited, Ballia raising his grievance that he is a Class-IV employee and his education is only intermediate, moreover, he has not been given any departmental training for dealing with account. Therefore, it would not be proper for him to work on the said post. A copy of his application is on the record. It is stated that an inspection was carried out of the concerned Branch by a Section Officer (Accounts) who submitted an inspection report on 19.9.2012. In the said report, it was mentioned that a large number of the financial irregularities have come to light for which the employees posted at the concerned Branch are responsible. It is stated that in the inspection report, no reference has been made that under whose authority, the said inspection was carried out.;