Hon’ble Sudhir Agarwal, J.—The writ petition having been restored to its original number, learned counsel for the parties requested to hear the matter finally and decide since it is pending for the last more than 18 years. Hence, I proceed accordingly.

2. The writ petition is directed against order dated 3.3.1992, (Annexure-11 to the writ petition), whereby the petitioner has been dismissed from service by Chairman, Aligarh Gramin Bank.

3. A brief factual matrix giving rise to the present dispute is as under:

4. The petitioner was initially appointed as ‘’Messenger’ in Aligarh Gramin Bank (hereinafter referred to as the ‘Bank’) on 27.5.1981 on daily wage basis. Later on he was made permanent w.e.f 13.5.1986. In the year 1987, petitioner was posted at Ladpur Branch of Bank. One Sukhvir Singh, resident of village and post Ladpur made a complaint on 1/10.8.1988 that petitioner had received Rs.1310/-from him towards payment of instalment of loan, which was to be deposited in Bank’s loan account of Sukhvir Singh, but was not deposited. On 31.8.1998, another complaint was made to the same effect. On 16.8.1988, petitioner is alleged to have executed a receipt to Sukhvir Singh assuring that he shall pay Rs.1310/- to him.

5. The complaint was addressed to Chairman of the Bank. In the meantime, petitioner was transferred from Ladpur to Shahganj Branch on 11.8.1998. Under instructions of Chairman of Bank, one Shri G.K. Dixit, an officer posted at Head Office of the Bank at Aligarh, made a preliminary inquiry by visiting Branch at Ladpur on 28.10.1988. He met Shri Sukhvir Singh, collected his statement in writing, and submitted report on 1.11.1988. Thereafter, a show-cause notice was issued to petitioner on 3.11.1988. The petitioner submitted reply on 20.12.1988, denying receipt of any such amount.

6. Thereafter, a charge-sheet was issued to petitioner on 5th July 1989. Reply was given by him on 6.9.1989 denying the charge levelled against him. He also requested to supply copies of the statement of witnesses, if any, recorded during preliminary inquiry as also the copy of preliminary inquiry report and complaint. One Shri Aditya Sharma was appointed Inquiry Officer, who commenced oral inquiry on 20.10.1989 and concluded on 4.10.1991. The petitioner complained that relied upon documents were not supplied to him. The petitioner also requested to be represented by Shri V.S. Jain, Assistant Secretary of U.P. Bank Employees Union but it was not accepted. The Inquiry Officer submitted report on 6.12.1991 holding petitioner guilty of misappropriation of Rs.1310/- from Bank’s client Sukhvir Singh. A show-cause notice was issued on 1.2.1992. Thereafter, impugned order of punishment was passed by Chairman of the Bank on 3.3.1992 dismissing petitioner from service.

7. On behalf of respondent No. 2 a counter-affidavit has been filed, sworn by Shri A.K. Srivastava, General Manager. It is said that petitioner is a workman and therefore, has an alternative remedy under Industrial Disputes Act, 1947. Further, under Regulation 31 of Aligarh Gramin Bank (Staff & Officers) Service Regulation, 1981, (hereinafter referred to as the ‘Regulation 1981’) petitioner has remedy of appeal before the Board of Directors, and, therefore, also this Court may not entertain the writ petition on the ground of alternative remedy. On merits it is said that petitioner was initially employed as a part-time Messenger on daily wage basis. Later on he was regularised. Shri Sukhvir Singh, a neighbour of petitioner in village Ladpur handed over Rs.1310/- to get it deposited in his loan account so that he may not incur any inconvenience of visiting Bank. The petitioner however committed breach of trust and defrauded borrower by not depositing the said amount in Bank. In the preliminary investigation, petitioner was found prima facie guilty in report dated 1.11.1988. Thereafter, he was issued a show-cause notice and thereafter regular inquiry was conducted.

8. Shri P.K. Singh