IMPORTANT POINT
The main legal point established in the judgment is the requirement for compliance with the principles of natural justice in administrative proceedings, particularly in matters involving major punishments such as withholding of pension and gratuity.

ORDER :

1. The petitioner has preferred the present writ petition praying for the following reliefs:-

“i. To kindly call for the entire records from the respondents.

ii. This Hon'ble Court be pleased to set aside the decision/order dated 15/2/2012 passed by the Respondent No. 2 (vide Annexure P/1).

iii. To kindly make any other order that may be deemed fit and just in the facts and circumstances of the case including awarding of the costs to the petitioner.”

2. Brief facts of the case are that the petitioner was initially appointed as Assistant Registrar, Cooperative Societies through the Public Service Commission in the erstwhile State of Madhya Pradesh on 12.02.1982 and was posted at Bilaspur and thereafter he was promoted to the post of Deputy Registrar, Cooperative Societies and was posted at Jagdalpur. Further, the petitioner was prompted as Joint Registrar, Cooperative Societies and was posted as General Manager in the Integrated Co-operative Development Project (ICDP), Sidhi (M.P.). During the period of his service, the petitioner was transferred to different places and during 2004-2005 and 2005-2006, he was posted as Managing Director of C.G. State Cooperative Bank and from 13/04/2006 he joined as Managing Director of Agricultural and Rural Development Bank, Raipur. While working as Managing Director of the Agricultural and Rural Development Bank, a complaint was made against the petitioner by the Chhattisgarh Co-operative Bank Employees Federation, Raipur. The higher authorities asked for the comments on the complaint so made and the petitioner gave his reply to the said complaint but the aforesaid Employees Federation continued the onslaught on the petitioner and in the complaint, even demanded suspension of the petitioner from service, upon which he was suspended from service vide order dated 26.10.2006. During the tenure as Managing Director of Agricultural Rural Development Bank, Raipur, an amount of Rs.6,73,52,800/- was received from NABARD. The said amount was deposited in the Indira Priyadarshini Mahila Nagrik Sahakari Bank Maryadit, Raipur a primary cooperative Bank. Unfortunately, the financial transactions of the said bank came to a damaging point. Due to this a loss of amount of Rs. 5,77,52,800/- occurred. Meanwhile the petitioner was reinstated from suspension by the order dated 14/11/2007. The Enquiry Report was submitted on 29/8/2011, pursuant to which second Show Cause Notice was served to the petitioner vide letter dated 21/09/2011, where it has been asked that as per the enquiry report petitioner will be demoted and amount will be recovered from the petitioner with interest, with this respect a reply within 7 days has been asked. On 21/9/2011 respondent No.2 sent letter to respondent No.3 to lodge a First Information Report against the petitioner for alleged conduct by which financial loss has been incurred to the State, however no such FIR was lodged. Meanwhile, as to file the reply of the second Show Cause Notice, the petitioner made an application asking the respondents authorities to provide him some important documents, based upon which he can make his reply in effective manner, but no such documents were provided to the petitioner. Surprisingly on 15/2/2012 impugned final order was served to the petitioner, whereby a major punishment of non payment of Pension and Gratuity has been imposed against the petitioner. Hence this petition has been filed by the petitioner.

3. Learned counsel for the petitioner submits that no misconduct has been committed by the petitioner as per the service rules. No allegation of any personal gratification has been made out as per the requirement of penal law. The letter for lodging FIR is totally unwarranted because Departmental Enquiry has not been concluded yet and no case of fraud, embezzlement, misappropriation, cheating in any manner has been made out. The Board of Directors of the Agricultural and Rural Development Bank has already resolved and authorized the Ma