T.N.K.SINGH, J. - (1.) By this writ petition the order of the Executive Committee of the Gauhati Co-operative Urban Bank Ltd., dated 30.1.2003 and order of the General Manager, Gauhati Cooperative Urban Bank Ltd. dated 9.5.2003 have been put to challenge. For the reasons being discussed below, this court is interfering the impugned orders dated 9.5.2003 for the limited purpose of directing the respondents 3 and 4 to re-consider the ultimate penalty of termination from service imposed to the petitioner under the impugned orders for the purpose of imposing any penalty to the petitioner other than termination from service.
(2.) The petitioner was working as Assistant Cashier in the Gauhati Co-operative Urban Bank Ltd. and he was asked to show cause for the charge that: "(i) On 30.03.2002 a full working day he opened the receipt counter before the schedule time and close the counter before the schedule time without any prior permission from the authority, he also instigated some employees of the said Bank not to work full day on 30.03.2002 and ask them to leave the office is violation of the instruction of the reserve Bank of India; (ii) That the petitioner created a disorderly atmosphere on 30.03.2002 in the Guwahati Branch since 12.00 Noon effecting the normal working of the bank. (iii) That the petitioner took the cash deposit of the day into his own hand and entered into the General Manager's chamber without his prior permission in a disorderly manner and thrown away the keys of the cash box on the table of the General Manager." Under a show cause notice dated 20.9.2002 issued by the disciplinary authority. For the said charge, one Shri S.N. Sarma, retired Judge/Presiding Officer of the Labour Court was appointed as Inquiry Officer to conduct an inquiry. The Inquiry Officer submitted his report and findings on 8.1.2003 and subsequently, the Executive Committee in its meeting held on 24.1.2003 perused all the connected papers, charge sheets, inquiry report, etc. and resolved that: "i) Shri Hemendra Nath Thakuria, Assistant Cashier be reinstated in service with immediate effect. ii) His three annual increments in future be stopped with effect from 01.01.2003 as a measure of punishment for the misconduct committed by him. iii) Before resuming his duties, Shri Thakuria shall have to give an undertaking stating that he shall always be obedient, faithful, shall not do anything which is detrimental to the interest of the Bank, abide the orders of his superiors, co-operate with all his colleagues, senior officers, members of the Board of Directors/Executive Committee, not divulge any secrecy of the Bank, not obstruct any employee of the Bank who are willing to work at any stage whatsoever. However, Shri Thakuria will get nothing except the subsistance allowance that he has already drawn during the period of his suspension." The Executive Committee by an order dated 30.1.2003 imposed penalty to the petitioner as per the resolutions taken in its meeting held on 24.1.2003.
(3.) The petitioner submitted a representation dated 28.2.2003 to the Chairman, Gauhati Co-operative Urban Bank Ltd. requesting for cancellation of the impugned order dated 30.1.2003 and allowing him to join in his duty unconditionally. Again, on 26.4.2003, the General Manager of the Gauhati Co-operative Urban Bank Ltd. issued a letter asking the petitioner to report for his duty on or before 30.5.2003, otherwise the management will cease the provisions for further accommodation of the petitioner in the Bank. As the petitioner did not join for duty on or before 3.5.2003, the General Manager of the Bank issued the termination order dated 9.5.2003 to the effect that the Executive Committee after due consideration and threadbare discussion was of the opinion that the petitioner should not be allowed to join after 3.5.2003 and on his failure to report for duty on or before 3.5.2003 his service had been terminated w.e.f. 3.5.2003. The petitioner also filed a representation dated 8.8.2003 to the Chairman, Gauhati Co-operative Urban Bank Ltd. for reinstatement of the service. The Chairman, Gauhati Co-operative Bank Ltd. under his letter dated 30.1.2004 informed the petitioner that his prayer could not be considered and disposed of till date due some unavoidable circumstances, but necessary action in this regard will be initiated as per rules as a departmental officer had joined the Bank recently as General Manager as deputed by the Registrar, Co-operative Societies, Assam, a copy of which is available at Annexure-30 to the present writ petition.;