Chand Mal Kothari vs Bhilwara Urban Co-Operative Bank ...
2022 Latest Caselaw 1235 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Spl. Appl. Writ No. 37/2022

Chand Mal Kothari S/o Late Shri Ratan Lalji Kothari, Aged About 53 Years, Resident Of 10-J-21 R.c. Vyas Colony, Bhilwara

----Appellant Versus Bhilwara Urban Co-Operative Bank Ltd., Through Managing Director, Urban Bhawan, Nagori Garden, Bhilwara.

----Respondent

For Appellant(s) : Mr. Lokesh Mathur through V.C. For Respondent(s) : Mr. Suresh Charan through V.C.

HON'BLE THE CHIEF JUSTICE MR. AKIL KURESHI HON'BLE MR. JUSTICE MADAN GOPAL VYAS

Order

27/01/2022

This appeal is directed against the judgment of the learned

Single Judge dated 07.12.2021. The appellant-original petitioner

is an officer of the respondent cooperative bank. He was placed

under suspension by order dated 01.01.2019 on the ground of

contemplated departmental inquiry. The charge-sheet was issued

on 08.04.2019 and on 30.04.2019 the bank passed an order

changing the headquarter of the petitioner pending inquiry. In the

writ petition, he had challenged all these three orders. The

learned Single Judge dismissed the writ petition, upon which this

appeal has been filed.

In this appeal, learned counsel for the appellant had only

sought for setting aside the charges No.3 and 4 contained in the

charge-sheet, which relate to allegation of misappropriation

allegedly made by the petitioner. However, at the pre-inquiry

(2 of 2) [SAW-37/2022]

stage, we are not inclined to go into the disputed questions of

facts and quash the charge-sheet. Learned counsel for the

petitioner has submitted that the learned Single Judge has

imposed the cost which may be deleted.

In facts of the case, this appeal is disposed of with the

following observations and directions:

1. The direction for payment of cost imposed by the learned

Single Judge is deleted.

2. The department shall complete the disciplinary proceedings

against the petitioner in accordance with law unmindful of

observations made by the learned Single Judge in the impugned

order.

3. All contentions of the petitioner are kept open, which may be

raised before the disciplinary authority.

(MADAN GOPAL VYAS),J (AKIL KURESHI),CJ 10-a.asopa/-

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