- (1.) In this petition, petitioner-Sonepat Central Cooperative Bank Limited, Sonepat (for short, 'the Bank') has prayed for quashing award dated 12.8.2002 (Annexure P.6) passed by Presiding Officer, Industrial Tribunal-cum-Labour Court, Panipat (respondent No. 1). The facts :
(2.) Respondent No. 2 - Dilbagh Singh Malik joined service of the Bank as Secretary in 1976. By an order dated 2.7.1993, he was placed under suspension in contemplation of the departmental inquiry. After 3 months, he was served with memorandum dated 5.10.1993 for holding inquiry into the following charges : "1. Embezzlement Charges worth Rs. 1,24,887/- out of the fund of the Rai C. Society. 2. Misappropriation of charges worth Rs. 24,606/- out of the Fund of the Rai C. Society. 3. Embezzlement charges of Rs. 893.50. out of the funds of Murthal C.S." Another inquiry was initiated against him vide memorandum dated 3/4.1.1994 on the following charges :- "1. Embezzlement charges worth Rs. 46,595/- out of the fund of the Rai C.S. 2. Claimed excess interest worth Rs. 10687/- from the Government of Haryana, negligence in performance of duties. 3. Charged less interest worth Rs. 21,341/- from 15 members of the Rai C.S. and caused loss to the society."
(3.) Memorandum dated 5.10.1993 was sent to respondent No. 2 through registered post at his headquarter and also at his home address but the same were returned undelivered. Thereafter, it was sent to him through Executive Officer, Cooperative Bank, Gannaur. The same was delivered to him on 23.11.1993. However, he did not submit reply despite reminder dated 7.1.1994 sent through registered post. Memorandum dated 3/4.1.1994 was sent to him by registered post but he refused to take the delivery. It was again sent to him through Executive Officer, Cooperative Bank, Gannaur but the same could not be delivered due to his non-availability in the village. Shri V.S. Nandal, Development Officer, Cooperative Bank, Gohana, who was appointed as Enquiry Officer issued two notices dated 25.3.1994 and 18.4.1994 to respondent No. 2 to appear in the enquiry, but he refused to accept the same. In view of his refusal to accept the notices, the Enquiry Officer conduced ex parte enquiry and submitted report dated 26.6.1994 with the finding that the charges of embezzlement of about Rs. 2 lacs have been proved. The enquiry report was considered by the Board of Directors of the Bank in its meeting held on 16.8.1994 and it was decided to issue show cause notice to respondent No. 2 proposing his dismissal from service. Accordingly, notice dated 2.9.1994 was sent to him through registered post along with copy of the enquiry report. The letter sent at his headquarter was returned back with the remark "addressee does not come in Nahara Bank". The letter sent at his home address was received bank with the remark "refused to take". However, copy of show cause notice and enquiry report sent through Mehtab Singh Daftri was accepted by respondent No. 2, who then made a written request dated 13.10.1994 to the Bank to conduct fresh enquiry in his presence and assured that he will cooperate with the Enquiry Officer. His request was accepted and he was asked to appear before the Enquiry Officer on 16.10.1994. On that day, his request for adjournment was accepted and the case was fixed for 7.12.1994. However, he did not appear on 7.12.1994. Thereupon, the Enquiry Officer submitted to the Bank that previous enquiry report may be treated as final. The matter was then considered in the meeting of the Board of the Directors held on 19.1.1995 and it was decided to give him opportunity of personal hearing. He appeared before the Board of Directors on 20.4.1995. After hearing him, the Board of Directors decided to confirm the proposed penalty. Accordingly, order dated 1.5.1995 was issued by the Managing Director of the Bank.;