SANJEEV KUMAR,J. - (1.)Impugned in this petition is order no.Adm/7160 dated 28th August 2009, issued by of respondent no.4, whereby petitioner has been dismissed from the services of the Citizens' Cooperative Bank Limited.
(2.)Shorn of unnecessary details, the grievance projected by petitioner in this petition is that the order, whereby his services have been dispensed with by respondents 3 & 4, is vitiated as the procedure, prescribed in J &K Cooperative Societies Service Rules, 1988, issued vide SRO 233 of 1988 dated 8th July 1988 (hereinafter called as "Rules of 1988") for taking disciplinary action against delinquent employees of cooperative societies, to which aforesaid rules apply, has been observed in breach.
(3.)Learned counsel appearing for petitioner has in particular drawn attention of this Court to Rule 19 of Rules of 1988, to submit that the procedure laid down in the aforesaid Rules for initiating disciplinary proceedings against delinquent employee, has not been followed in letter and spirit. He has submitted that respondent no.4 was under obligation to serve a definite charge sheet accompanied by statement of imputations of misconduct along with list of witnesses on which respondents proposed to rely upon during Enquiry, but aforesaid respondent did not provide the statement of imputations of misconduct or any list of witnesses despite petitioner having made a specific request in this behalf. It is also submitted that order impugned would vitiate as disciplinary authority himself acted as Enquiry officer and therefore, became a judge of his own cause. He has also thrown challenge to order impugned on several other grounds; most of them emanating from different provisions of Rules of 1988.