- (1.) THE petitioner (Manoranjan Tiwari) is aggrieved by the order dated 20 -5 -1997 passed by the respondent No. 3 (Chairman, Bakaro Steel Employees OPM - Mills Zone) Co -operative Credit Society Ltd. by which he was dismissed from the services of the Society with immediate effect. The Petitioner is also aggrieved by the order dated 5 -6 -1997 passed by the Respondent No. 2 (Joint Registrar, Co -operative Societies) by reason whereon he did not interfere with the order of dismissal on the ground that he had no jurisdiction to enter into a service dispute under Section 48 of the Co -operative Societies Act, 1935. The Petitioners has further prayed that the Respondents be directed to retain him in service and pay him wages which has accrued in his favour. The Petitioner has also stated that while his other Writ Petition C.W.J.C. No. 4110 of 1996(R) had been pending before this Court, wherein he had prayed for command declaring that the shall be deemed to be in continuous service since 17 -11 -1978 and for a writ of prohibition prohibiting the Respondents from doing away with his services on charges of alleged defalcation the Respondents inflicted the penalty of dismissal upon him and therefore it became necessary for him to file this Writ Application.
(2.) ACCORDING to the Petitioner, an allegation of misappropriation of the sum of Rs. 7,200/ - had been made against the Petitioner on 26 -4 -1983 and a criminal case dated 7 -8 -1984 being B. S. City P. S. Case No. 220 of 1984 had also been instituted against him under Sections 408/468/420, Indian Penal Code. Prior to the lodging of the first information report, however, a notice had been given to him to deposit the said sum within fifteen days from the date of receipt of a notice which was served upon him on 10 -8 -1984 but before expiry of that period the first information report was lodged and the Petitioner faced trial in that case. Ultimately he was dismissed from service and in the extra ordinary General Body Meeting of the Society the Petitioner was asked to return the sum of Rs. 7,200/ - with interest thereon. According to the Petitioner he deposited the said money together with interest and upon deposit of the same he was reemployed in the Society vide reappointment letter dated 11 -5 -1989. Subsequently by judgment dated 25 -8 -1995 the Sub -Divisional Judicial Magistrate, Bokaro passed a judgment of acquittal in favour of the Petitioner on the ground that the Respondents had failed to produced any paper to prove entrustment.
(3.) UPON pronouncement of the aforementioned judgment, the Petitioner then demanded refund of the money deposited, i.e. Rs. 19,766.39 but the Respondents did nothing in the matter which compelled the Petitioner to send a number of legal notices. He also demanded continuity in service but this was not appreciated by the Respondents and instead of redressing his grievances they started giving out threats of dismissal from services. The Petitioners has further stated that on one occasion he was forced to give in wiring that he would not demand his earlier wages nor make any claim in relation to continuity of services although by a letter of the Joint Register issued on 15 -11 -1995 and addressed to the Respondent No. 3 it was indicated that the Petitioner was entitled to the aforementioned refund of Rs. 19,766.39 together with interest thereon and also to his salary for the period 01 -01 -1985 to 17 -8 -1999.;