- (1.) THE judgment and order dated 10.3.2014 passed in S.B. Civil Writ Petition No. 8710/2013 is under assailment in the instant appeal. Thereby, the appellant -writ -petitioner's impugnment of the decision of the Managing Director of the Hanumangarh Central Cooperative Bank Ltd. (for short, hereinafter referred to as "the Bank") to lodge an FIR against him has been dismissed.
(2.) WE have heard Mr. S.D. Goswami, learned counsel for the appellant -writ -petitioner. The facts in short are that the appellant -writ -petitioner was appointed as Assistant Manager in 10 KSD Gram Seva Sahkari Samiti (for short, hereinafter referred to as "the Samiti"), a branch of the Ganganagar Central Cooperative Bank Ltd. vide a proposal taken on the basis of a meeting held on 5.8.2004 of the Board of Directors of the Bank. He was inducted in the post of Manager of the Samiti where he discharged his duties till 2009. According to the appellant -petitioner, though thereafter on 19.5.2010, the Board of Directors of the Bank vide its proposal sought to provide permanent appointment to him in the post of Manager, the same did not materialize for which he filed a suit before the Sub Registrar, Cooperative Societies, Hanumangarh under section 58 of the Rajasthan Cooperative Societies Act, 2001. The said forum, after hearing necessary parties, declared him to be fit for the post of Manager and an award was passed on 14.7.2011.
(3.) WHILE the matter rested at that, an enquiry was conducted by the enquiry officer -cum -Branch Manager, Hanumangarh Central Cooperative Bank Branch Pilibanga pursuant to the order dated 18.3.2013 of the Collector, Hanumangarh against the appellant -writ -petitioner on the charge of having prepared forged documents to secure his appointment to the post of Manager. According to the appellant -writ -petitioner, no opportunity was granted to him and eventually, a report was submitted on 25.4.2013 recording adverse findings against him. Though the appellant -writ -petitioner having come to know of the report contended against the acceptance thereof on the ground that he had been denied hearing in the enquiry, it was not heeded to and instead by the letter dated 4.6.2013 of the Managing Director of the Bank, Shri Rameshwar Solanki, Loan Supervisor was instructed to take over the charge of the office of the Manager of the Samiti from him and to lodge an FIR against him for forging the documents to facilitate his appointment to the post of Manager. The letter referred to as well to the direction to this effect by the District Collector. Being aggrieved, he turned to this Court for redress.;