HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

D.B. Spl. Appl. Writ No. 756/2022

1.

The Jodhpur Central Cooperative Bank Limited, Through

Its Managing Director, Jodhpur Central Cooperative Bank

Ltd., Manji Ka Hatha, Paota, Jodhpur.

2.

Collector-Cum-Admn., Jodhpur Central Cooperative Bank

Ltd., Manji Ka Hatha, Paota, Jodhpur.

----Appellants

Versus

Prabhu Lal Choudhary S/o Shri Jora Ramji Choudhary, C/o

Choudhary Traders, Near Telephone Exchange, Bilara.

----Respondent

For Appellant(s)

:

Mr. K.K. Dave

For Respondent(s)

:

Mr. Harshit Bhurani

HON'BLE MR. JUSTICE SANDEEP MEHTA

HON'BLE MR. JUSTICE KULDEEP MATHUR

Judgment

11/10/2022

By way of present special appeal, the appellants are assailing

the validity and correctness of the order dated 26.05.2022 passed

by the learned Single Bench whereby the disciplinary proceedings

conducted against the respondent (writ petitioner) were declared

to be without any authority of law. Further, a direction was issued

to disburse the amount of gratuity withheld as a consequence of

punishment of ‘dismissal from services’ imposed upon the

respondent, with interest payable in terms of Section 7(3A) of the

Payment of Gratuity Act, 1972.

Briefly stated facts of the case are that the respondent while

holding the post of Branch Manager, Jodhpur Central Cooperative

(2 of 6)

[SAW-756/2022]

Bank Ltd., Bilara (hereinafter referred as ‘appellant-bank’) stood

retired from the services w.e.f. 31.07.2004, on attaining the age

of superannuation. The Managing Director of the appellant-bank,

in contemplation of disciplinary proceedings, exercising powers

conferred under Rule 13 of the Rajasthan Civil Services

(Classification, Control and Appeal) Rules, 1958 (hereinafter

referred to as the ‘CC&A Rules of 1958’) vide order dated

26.07.2004 placed respondent under suspension, just 5 days

before his retirement.

A charge-sheet dated 18.03.2006 was served upon the

respondent under Rule 16 of CC&A Rules of 1958 wherein two

charges were levelled against him: firstly, it was alleged that the

respondent had acted in violation of orders and instructions of the

appellant-bank culminating into embezzlement by way of

distribution of loans to about 40 dead persons amounting to

8,78,071/-; secondly, it was alleged that the respondent

₹

negligently issued forged passbooks and related documents

resulting into irreugular payments to agriculturist loanees to the

tune of 34,87,545/-. In the inquiry report dated 03.01.2011, the

₹

respondent was found guilty of supervisory negligence qua charge

No.1 while he was exonerated qua charge No.2. The disciplinary

authority on receiving the inquiry report, vide order dated

16.05.2011 inflicted penalty of dismissal from services upon the

respondent.

A challenge was laid to the dismissal order dated 16.05.2011

before the learned Single Bench on multiple grounds. The learned

Single Bench after hearing the parties held that CC&A Rules of

1958 applicable upon the government servants of the State of

(3 of 6)

[SAW-756/2022]

Rajasthan have been adopted by the appellant-bank to follow the

procedure for conducting disciplinary proceedings against its

employees. However, there is no provision under CC&A Rules of

1958 which covers disciplinary proceedings against retired

employees. The learned Single Bench also found the punishment

of dismissal from services imposed upon the respondent for

supervisory negligence to be disproportionate to the charges

levelled in the charge sheet dated 18.03.2006. The learned Single

Bench vide order dated 26.05.2022, quashed and set aside the

impugned order of dismissal dated 16.05.2011 and directed the

respondents to release amount of gratuity in favour of the

respondent along with interest in terms of the provision of

Payment of Gratuity Act, 1972. Aggrieved by the order dated

26.05.2022, present i