IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA ON THE 13 th OF JULY, 2023 WRIT PETITION No. 15480 of 2023 BETWEEN:-

1. BHAVNA KALE W/O SHRI GYANESWAR KALE, AGED ABOUT 47 YEARS, OCCUPATION: CLERK IN DISTRICT CO-OPERATIVE CENTER BANK MYDT. HOSANGABAD PRATAP COLONY WARD NO. 16 NEAR CITY HOSPITAL TEHSIL AND DISTRICT HOSANGABAD (MADHYA PRADESH)

2. GYANESHWAR KALE S/O SHRI PUNDLIK KALE, AGED ABOUT 55 YEARS, OCCUPATION: CLERK IN DISTRICT COOPERATIVE CENTER BANK MYDT. HOSHANGABAD R/O PRATAP COLONY, WARD NO.16, NEAR CITY HOSPITAL, TEHSIL AND DISTRICT HOSHANGABAD (MADHYA PRADESH)

.....PETITIONERS (BY SHRI ANIL LALA - ADVOCATE)

AND

1. THE STATE OF MADHYA PRADESH THROUGH THE SECRETARY COOPERATIVE DEPARTMENT MANTRALAYA VALLABH BHAWAN BHOPAL (MADHYA PRADESH)

2. NEERAJ SINGH COLLECTOR/ADMINISTRATOR, DISTRICT COOPERATIVE CENTRAL BANK MYDT. HOSHANGABAD (MADHYA PRADESH)

3. R.S BHADAURIA C.E.O.

DISTRICT COOPERATIVE CENTRAL BANK MYDT. HOSHANGABAD (MADHYA PRADESH)

.....RESPONDENTS (BY SHRI ROHIT JAIN – GOVERNMENT ADVOCATE)

This petition coming on for admission this day, the court passed the following:

ORDER

1. This petition under Article 226 of the Constitution of India has been filed against the order dated 28.6.2023 passed by the C.E.O. District Co- operative Central Bank Maryadit, Hoshangabad in File No.Estb./2023-

24/651 by which the suspension order of the petitioner has been revived.

2. It is submitted by counsel for the petitioners that earlier the petitioners were placed under suspension. After a departmental enquiry was conducted, the services of the petitioners were terminated. The competence of the Board was challenged by the petitioners by filing W.P.No.29501/2022 and W.P.No.2951/2023 and the order of termination was set aside with liberty to the respondents that if need be they may initiate fresh enquiry by constituting proper enquiry Board as prescribed under Rule 49.3.2.1 of Sewa Niyam. Being aggrieved by the order dated 15.3.2023 passed in W.P.No.29501/2022, the C.E.O. District Co- operative Central Bank Maryadit, Hoshangabad preferred writ appeal which was registered as W.A.No.602/2023 and has been dismissed by order dated 9.5.2023. After the termination orders were set aside, the C.E.O. District Co-operative Central Bank Maryadit, Hoshangabad instead of reinstating the petitioners has revived the suspension which was prevailing on the date of their termination, i.e. 28.11.2022 and their headquarter has been fixed at Timarni.

3. Challenging the order it is submitted by counsel for the petitioners that once the order of termination was set aside, the petitioners should have been reinstated and the respondent no.3 has committed a material illegality by reviving their order of suspension which shows the malafide action on the part of the respondent no.3.

4. Heard the learned counsel for the petitioner.

5. It appears that a departmental enquiry was conducted against the petitioners on the serious allegation of financial embezzlement. The enquiry was conducted by the Enquiry Board but, ultimately it was found that constitution of the Enquiry Board was not in accordance with Rule 49.3.2.1 of the Sewa Niyam and thus on technical issue the order of termination was set aside. Under these circumstances, the respondent no.3 did not commit any mistake by restoring the suspension which was prevailing on the day when the order of termination was passed.

6. Undisputedly, the order dated 28.11.2022, i.e. on the date of termination both the petitioners were under suspension.

7. Looking to the serious nature of allegations as well as the difficulty of the respondents in conducting departmental enquiry in absence of members required to constitute the Enquiry Board, this court is of the considered opinion that respondent no.3 did not commit any mistake by restoring back the suspension which was prevailing on the date of passing of the termination order.

8. Accordingly, the petition fails and is hereby dismissed.

(G.S.