Allowed

Yameswar Mohapatra v. Regr.of Cooperative

Orissa HC16 Oct 2017WP(C)/17806/2012

Case brief

AI extract

What is this about?

The Single Judge relied on a Supreme Court pronouncement regarding indefinite suspension to quash the suspension order of the petitioner in service of a Cooperative Bank and directed reinstatement within one month, mandating expedited conclusion of pending disciplinary proceedings.

What did the court decide?

Order of suspension is quashed; petitioner to be reinstated within one month; disciplinary proceedings to be concluded expeditiously.

Heard Mr. S.D. Das, learned Senior Advocate for the petitioner and Mr. B.P. Das, learn ed counsel for the opposite party nos.2 & 3. This is an application for a direction to the opposite party no.2 to drop the discipli nary proceeding.

On 11.10.2017, Mr. S.D. Das, learned Senior Advocate for the petitioner filed an affidavit along with the photostat copy of the proceeding of the meeting of the Managing C ommittee of Nayagarh District Central Cooperative Bank Ltd., Nayagarh. He submitted that in t he said proceeding, the Managing Committee of Nayagarh District Central Cooperative Bank Ltd., Nayagarh on 25.07.2016 took a decision to reinstate the petitioner in service pending finaliz ation of disciplinary proceeding.

Mr. B.P. Das, learned counsel for the opposite party nos.2 & 3 sought time to obtain instruction in the matter. He submits that the Secretary, Nayagarh District Central Co operative Bank Ltd., opposite party no.2 has been transferred in the meanwhile, for which, it is not possible on his part to take instruction.

The petitioner was placed under suspension on 01.11.2011. The disciplinary pro ceeding is still pending. He will retire from service on attaining the age of superannuation in the month of January, 2018.

In view of the authoritative pronouncement of the apex Court in the case of Aj ay Kumar Choudhary v. Union of India through its Secretary and Another, (2015) 7 SCC 291, an e mploy cannot be placed under suspension for an indefinite period. Furthermore, the Managing C ommittee of Nayagarh District Central Cooperative Bank Ltd., Nayagarh in its meeting held on 25.07.2016 took a decision to reinstate the petitioner in service pending finalization of dis ciplinary proceeding.

In view of the same, the order of suspension is quashed. The petitioner shall be reinstated in service within a month from the date of production of certified copy of the order. Disciplinary proceeding initiated against the petitioner shall be concluded expeditious ly.

Yameswar Mohapatra v. Regr.of Cooperative

Case brief

What is this about?

What did the court decide?

Yameswar Mohapatra v. Regr.of Cooperative

Case brief

What is this about?

What did the court decide?

What the court decided

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