P.B. Bajanthri, J. - (1.) In the present appeal, the appellant has sought for quashing the order dated 28.09.2013 passed by the Appellate Court. The respondent-Inder Singh was working as Secretary-cum-Clerk of the appellant-Central Cooperative Bank Limited. On the allegations that, he has embezzled bank money while discharging the duties of the post held by him in respect of disbursement of loan amount. He was placed under suspension. Parallel proceedings were initiated against respondent. In the criminal proceedings the respondent has been acquitted whereas in the discipline proceedings, he was punished by imposing the penalty of withholding of four annual increments with cumulative effect and the suspension period has been treated as suspension only. The penalty was imposed by the Managing Committe. Order passed by the Managing Committee is an appealable order before the Registrar under Rule 31 (3) of the Haryana State Central Cooperative Bank s Staff Service (Common Cadre) Rules, 1975. The respondent feeling aggrieved by the order of penalty preferred an appeal before the Registrar. The same was allowed.
(2.) Consequently, the appellant preferred a revision before the Revisional Authority-Government under Section 115 of Haryana Cooperative Societies Act, 1984. Revision petition was allowed in favour of the appellant-Bank. Thus, the respondent preferred a suit before the Civil Court. The same was dismissed. Thereafter, he preferred an appeal before the Appellate Court and the Appellate Court allowed the appeal on 28.09.2013. Thus, the appellant-Bank presented Regular Second Appeal.
(3.) Learned counsel for the appellant submitted that the Appellate Court failed to appreciate that the Registrar is an Appellate Authority, when the order of penalty was imposed by the Managing Committee. Thus, the appeal decided by the Appellate Court is contrary to the provisions of the Common Cadre Rules read with the Haryana Cooperative Societies Act, 1984.;