Mohammad Rafiq, J. - (1.) Heard learned counsel for the parties.
(2.) This writ petition has been filed by the petitioner challenging the order dated 29.6.1982 by which recovery order under Section 74 (3) of Rajasthan Cooperative Societies Act, 1965 (for short "the Act of 1965") for a sum of Rs. 3338.44 was passed against him, order dated 16.4.1992 by which the petitioner was dismissed from service and order dated 13.10.1993 by which his appeal filed against the order of dismissal was rejected.
(3.) Petitioner was appointed as Manager with respondent-Sawai Madhopur Central Cooperative Bank Ltd. on regular basis by order dated 22.3.1979. He was transferred to Dadarpur Gram Sewa Sahkari Samiti Ltd., Dadarpur vide order dated 23.8.1979 and then transferred to Jhareda Gram Sahakari Samiti Ltd., Jhareda vide order dated 6/7.6.1980. He was served with charge-sheet on 7.7.1980 on allegation of non-joining at Jhareda despite his transfer. Petitioner submitted reply to the aforesaid charge-sheet on 6.11.1980. Respondents thereafter transferred the petitioner from Jhareda to Shyaroli in Gangapur Tehsil vide order dated 5.1.982. Petitioner submitted representation to Additional Registrar, Cooperative Societies, Jaipur, who stayed implementation of the order of his transfer. According to petitioner, Disciplinary Authority took annoyance with him for resisting the order of transfer, and arbitrarily placed him under suspension by order dated 5.4.1982. Respondents issued supplementary charge-sheet to him on 7.9.1982 alleging that there was shortage of stock to the tune of Rs. 2275.33. It was alleged that petitioner embezzled this money. Petitioner submitted reply to the supplementary charge-sheet on 22.10.1982. During this time, petitioner was neither paid salary nor paid subsistence allowance. Respondents issued yet another supplementary charge-sheet on 7.3.1983, which too was replied by petitioner on 2.4.1983. In the meantime, a notice under Section 74 of the Act, 1965 was issued to petitioner on 23.10.1981. Petitioner submitted reply to such notice on 5.6.1982 and demanded certain documents and opportunity to present his defence. According to petitioner, respondents without holding any full-fledged enquiry straightway passed order of recovery of Rs. 3338.44 on 20.6.1982. It was thereafter that respondents vide order dated 16.2.1985 appointed Shri Vijai Singh as Enquiry Officer to hold enquiry into the aforesaid charge-sheet. Petitioner was still not paid subsistence allowance. He made representation to the Cadre Controlling Authority and at its intervention finally subsistence allowance for the period from July, 1983 to December, 1983 was paid to the petitioner on 24.1.1984. Petitioner approached the Payment of Wages Authority for payment of his salary from 16.12.1981 to 15.7.1982 and subsistence allowance from 16.7.1982 to 15.12.1982. Payment of Wages Authority by its order dated 28.8.1985 directed respondents to make aforesaid payment and also imposed penalty of Rs. 3087.50. Instead of complying the said order, the respondents filed appeal against such order for payment of wages, which was dismissed by the Court of District Judge, Sawai Madhopur vide order dated 24.7.1993. Respondents did not pay subsistence allowance even for the subsequent period and rather they served upon petitioner yet another supplementary charge-sheet on 24.3.1989 on the basis of audit objection for recovery of Rs. 5822.90. Petitioner submitted reply to the same and contended that he has already filed appeal against the order dated 31.1.1986. Managing Director of respondentbank then issued a notice to petitioner on 13.11.1990 calling upon him to appear for personal hearing before any penalty was imposed on him and informed that in case he failed to appear, ex-parte proceeding shall be initiated against him. Petitioner appeared before the Managing Director on 26.11.1990 and submitted a written representation that so far the subsistence allowance has not been paid to him since 1.1.1984 onwards due to which he was not being able to manage his defence either before the Enquiry Officer or before Special Auditor. It was submitted that though number of charge-sheets were issued to him, but so far enquiry proceedings have not been held in any of them for last seven years. Disciplinary Authority suddenly passed an order on 16.4.1992 dismissing petitioner from service. Petitioner submitted an appeal against such order of dismissal, which was also rejected vide order dated 13.10.1993. Hence, this writ petition. I have heard Shri B.M.Singh, learned counsel for the petitioner and Ms. Rani Bhandari, learned counsel for the respondents.;