The main legal point established in the judgment is the interpretation and application of the U.P. Co-operative Societies Act, 1965, and its regulations, particularly in the context of disciplinary proceedings and imposition of punishment on employees of Co-operative Banks.

( 1 ) THE petitioner Satya Narain Misra has challenged the order dated 9. 3. 1993 by which the managing Director of the U. P. Rajya Sahkari krishi Evam Gramya Vlkas Bank Ltd. . Lucknow, has reverted the petitioner from the post of Officiating Internal Auditor to his original post of accountant in the minimum of pay-scale and to recover half of the losses which have been caused to the bank if the loan is not recovered. The order is said to have been passed after approval of the U. P. Co-operative Society Institution Service Board vide its letter dated 21. 8. 1993.

( 2 ) 1 have heard Sri H. N. Tripathi for the petitioner and Sri J. N. Tiwari for the respondents.

( 3 ) THE facts to this case are that the petitioner was appointed on the post of Junior assistant/assistant Accountant by the Committee of Management of U. P. Rajya Sahkari Krishi gramya Vlkas Bank Ltd. , Lucknow. It is alleged that in the year 1973, the petitioner was promoted on the post of Field Officer. He was transferred as Incharge Internal Auditor/branch manager on 19. 9. 1986 and was posted at Haldwani. He was thereafter transferred to different places on the post of Branch Manager and In the year. 1990. he was posted at Allahabad and worked upto 1992. Thereafter he was again transferred as Internal Auditor/branch Manager and was posted at Dehradun. A charge-sheet was given to the petitioner on 18. 2. 1992 by the Inquiry officer without any supporting document. The petitioner requested for supply of relevant documents which were not given to him. He submitted a reply on 2. 3. 1992 with the help of some documents which were in his custody. On 8. 5. 1992, a show cause notice was given to the petitioner to which also he submitted a reply. On 9. 3. 1993, Impugned order was passed by the managing Director reverting the petitioner in the minimum of pay-scale of his original posting with the direction to recover 50% of such losses which may not be recovered.

( 4 ) THE counsel for the petitioner has challenged the order on the following grounds :

(i) The appointing authority of the petitioner is the Committee of Management of the Bank which neither started disciplinary proceedings nor passed the impugned order. The Managing director of the Bank, who was also functioning as Administrator of the superseded Committee of management was not appointing authority and had no power to Initiate the disciplinary proceedings.

(ii) The petitioner was not supplied all the relevant documents in respect of the charges insplte of the demand made by him and was thus not given an effective opportunity to defend violating the principles of natural justice.

(iii) Even if the charges are said to be proved, the punishment awarded is not commensurate with the gravity of the charges : and (iv) The petitioner could not have been awarded the punishment of being placed In the minimum of the pay-scale after he was given the punishment of reversion and in any case, a further punishment of recovery of half of the doubtful recovery amounts to multiple punishment on the same charges which cannot be justified under the Rules.

( 5 ) THE services of the employees of Co-operative Bank are governed by U. P. Co-operative societies Employees Service Regulations. 1975. On the first ground, the petitioner has relied upon the judgment in Writ Petition No. 7340 (S/s) of 1991. Suresh Chandra v. Registrar, cooperative Societies, U. P. Lucknow and Ors. , dated 7. 7. 1992. In this case, the question was whether the Registrar, Co-operative Societies, U. P. , can appoint himself by name as administrator of the Co-operative Societies. Suresh Chandra working as Branch Manager of U. P. Rajya Sahkari Krishi Gramya Vikas Bank Ltd. , was an accused in a crime under Section 7/13 (2) read with Section 13 (1) (d) of the Prevention of Corruption Act for receiving the illegal gratification in discharging of official duties. The Committee of Management was superseded under Section 29 of the U. P. Co-operative Soci