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MADHYA PRADESH HIGH COURT
*N. D. Ojha, C. J., C. P. Sen, K. K. Adhikari, JJ.
Central Co - operative Bank Ltd., Raisen – Appellant
Versus
Moolchand Shrivastava – Respondent
| Table of Content |
|---|
| 1. disciplinary decision details (Para 1) |
| 2. discussion on lawful authority and procedural adherence (Para 2 , 4) |
| 3. reinstatement powers established (Para 3) |
| 4. need for compliance with proper procedures (Para 5) |
| 5. quashing of the board's order reinstated disciplinary findings (Para 6) |
1. Petitioner No. 1 is the Central Co - operative Bank Ltd., Raisen whereas petitioner No. 2 is Gramin Sewa Sahkari Samiti, Bankhedi. Respondent No. 4 Moolchand Shrivastava was employed as Samiti Sewak in the Gramin Sewa Sahkari Samiti, Bankhedi. In pursuance of the disciplinary proceedings initiated against him, an order dismissing respondent No. 4 from service was passed on 10-8-1979. Aggrieved by that order, respondent No. 4 raised a dispute under S.55(2) of the M.P. Cooperative Societies Act, 1960 (hereinafter referred to as the Act); by an order dated 17-12-1981, this dispute was decided in favour of respondent No. 4 by the Assistant Registrar, Co - operative Societies, Raisen. The Assistant Registrar came to the conclusion that the order of dismissal passed against respondent No. 4 on 10-8-1979 was illegal inasmuch as he was not given proper opportunity to defend himself. Against t
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