- (1.) Challenging order dated 16.05.2013 dismissing the petitioner from service, the present writ petition has been filed. The brief facts of the case as disclosed in the writ petition are that, the petitioner was appointed as clerk in the respondent-bank and by order dated 08.05.2002, the petitioner was dismissed from service. The petitioner preferred an appeal and the said appeal was allowed and the order of dismissal was recalled by the Administrator by order dated 24.03.2012. The petitioner was reinstated in service by the Managing-Director by order dated 04.04.2012. By order dated 19.03.2013, the petitioner was convicted for offences under Sections 467, 468, 420, 477A of the Indian Penal Code. A notice was issued to the petitioner by the Managing-Director by letter dated 20.03.2013. The petitioner submitted his representation on 21.03.2013 requesting the Managing-Director of the respondent-bank, not to take any action against him on the basis of his conviction in the criminal case. By representation dated 21.03.2013, the petitioner informed the Managing Director that he has preferred an appeal and till the time the appeal preferred by him is decided, no action should be taken against him. By order dated 16.05.2013, the petitioner has been dismissed from service.
(2.) Heard learned counsel for the parties and perused the documents on record.
(3.) Learned counsel appearing for the petitioner has submitted that the petitioner has been dismissed from service in exercise of power under provisions as contained in Clause 49 (j) of the bye-laws of the District Central Co-operative Bank Limited, Singhbhum West by the Managing-Director of the Bank, though the power of the Managing Director as enumerated in the bye-laws, does not include the power to pass any order of dismissal, discharge, removal, etc. in respect of the employees except those enumerated in item-iv.;