GENERAL MANAGER, DISTRICT CO-OPERATIVE CENTRAL BANK LTD Vs. DABBIRU PUNDARIKAKSHAM

JUDGEMENT

(1.) The opposite party is the appellant. The appeal is challenge to the order passed by the District Forum, Srikakulam in C.D.No.50 of 2005.

(2.) The facts of the case as represented by the respondent are that he worked as a supervisor in the office of the appellant and retired from Service on 30.6.2003. The appellant was due to pay to the respondent terminal benefits such as increment, revision of pay scale, special pay allowance, encashment of surrender leave and gratuity for 20 months the appellant failed to settle the terminal benefits of the respondents. Earlier, orders was issued u/s 60(1) of A.P. Cooperative Societies Act on 21.4.2002 for payment of an amount of Rs.1750/-. The said amount was credited by the respondent on 28.11.2002 with the appellant who had initiated proceedings on 21.4.2002 whereunder he along with R.Murahari Rao was directed to pay an amount of Rs.42,000/- with interest @ 12% per annum from 29.6.1984. The appellant has realized the entire amount by way of distraint and sale of moveable of Sri R.Muralidhar Rao. The seizure of the property of R.Muralidhar Rao ceases the liability of the respondent to pay the amount to the appellant. Withholding of the amount due to the respondent by the appellant amounts to deficiency in service. The appellant has filed criminal case against the respondent in C.C.No.203 of 1988 on the file of the Judl. Magistrate of First Class, Srikakulam whereunder the respondent was convicted to undergo imprisonment of one year and pay fine of Rs.500/-. The judgement passed by the Judl. Magistrate of First Class, Srikakulam was set aside by the appellate court. The respondent got issued notice dated 11.8.2003 to the appellant for payment of pensionary benefits.

(3.) The appellant resisted the claim of the respondent contending that the respondent was compulsorily retired from service on 22.5.1990 and the appellant issued proceedings on 6.6.1990 relieving the respondent from service forthwith. The board of management vide resolution no.16 dated 5.8.1994 considered the application of the respondent for reappointment as clerk in pursuance of which order the respondent joined in service on 9.8.1994 and retired from service on 30.6.2003. The respondent was involved in misappropriate of the bank. The Dy. Registrar on Special Duty issued surcharge order on 2.11.1990 against which the respondent preferred an appeal in CMA No.10 of 1990 on the file of the Cooperative Tribunal-cum-Principal District Munsif, Srikakulam. The appeal was dismissed. Therefore, the proceedings to recover the amount from the respondents monthly salary were initiated. An amount of Rs.40,416/- was recovered from the salary of the respondent. Apart from the said amount, the respondent was also responsible along with another employee for a total surcharge amount of Rs.2,80,000/-. The A.P. Cooperative Department has initiated criminal proceedings against the respondent R.Muralidhar Rao. The appeal against the order of acquittal of the respondent has been pending before the High Court of A.P. The respondent has addressed a letter to the Chairman of the Bank admitting his liability and agreed for recovery of the amount from his salary. The respondent has filed his affidavit and the documents Exs.A1 to A3 in support of his case. The appellant has filed his affidavit but no documents. The District forum has allowed the complaint directing the appellant to pay Rs.42,000/- together with interest, Rs.5,000/- towards compensation and Rs.1,500/- towards costs.