- (1.) S.K. Keshote. J. This is a petition under Article 226 of the Constitution of India filed by the petitioner praying for quashing and setting aside the order dated 4.6.1990 (Annexure-3) passed by the Managing Director, Sikar Central Co-operative Bank Limited, Sikar (hereinafter shall be referred to as 'the respondent Bank') whereby the services of the petitioner were brought to an end. Further prayer is made for a direction to the respondent Bank to allow the petitioner to continue on the post of Chowkidar (Class IV).
(2.) This writ petition was admitted on 10th of September, 1990. The petitioner also filed stay application alongwith the main writ petition praying therein for stay of the operation of the order dated 4.6.1990 (Annexure-3). Notices were issued to the respondents on the stay application returnable on 10.9.1990. On 23.4.1991 this Court has been pleased to stay the operation of the order of termination of the services of the petitioner. This interim stay order is not vacated meaning thereby in pursuance of this stay order the petitioner would have been continued in service. The writ petition came to be rejected by the Court on 4th August, 1994. This order of the Court was taken by the petitioner in appeal D.B.Civil Special Appeal (W) No. 777/1994, which was come to be allowed by the Division Bench on 23.4.2001. The application under Section 151 of the CPC filed by the petitioner in appeal for permitting him to produce certain documents on record was allowed. The respondent Bank was given an opportunity to file a reply to the main writ petition and also to the documents filed by the petitioner alongwith that application. This opportunity given by the Division Bench to the respondent Bank has not been availed of by it. The respondent Bank was chosen not to file the reply to the writ petition as sell as to the documents which are ordered to be taken on record by the Division Bench. It is unfortunate that the petitioner (sic. respondent) has not Cared to file (sic, filing) those document on record of this writ petition. However, a set of these documents is taken by the Court from the counsel for the petitioner with the consent of the counsel for the respondent Bank.
(3.) The learned counsel for the respondent Bank does not dispute that these are three documents which were permitted by the Division Bench to be produced by the petitioner in the writ petition. The details of these documents are as under 1. (Document Annexure-1) The copy of the order dated 16.1.21986 passed by the Managing Director, Sikar Central Co-operative Bank Limited, Sikar whereby Shri Ram Kishan Meena son of Shri Ratan Lal Meena was appointed as Class VI employee purely on temporary basis on daily wages : 2. (Document Annexure-2) The copy of the order dated 1.8.1987 passed by the Managing Director. Sikar Central Co-operative Bank Limited, Sikar where by Shri Balbir Singh son of Shri Ram Kumar Singh was appointed for 80 days with effect from 1.8.1987 on the post of Chowkidar purely on temporary basis on daily wages; 3. (Document Annexure-3) The copy of the certificate issued in favour of the petitioner Madan Singh Shekhawat, Class IV Employee by the Branch Manager of the respondent Bank on 1.8.1993.;