IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10927 of 2010 RAVINDRA KUMAR VERMA, SON OF LATE BADRI PRASAD VERMA, RESIDENT OF VILLAGE NAYA TOLA, DHAKA RAMCHANDRA, P.O.+ P.S. DHAKA, DISTRICT EAST CHAMPARAN. Versus 1. THE MOTIHARI CENTRAL CO-OPERATIVE BANK LTD. BANK ROAD, BHAWANIPUR ZIRAT, MOTIHARI, REPRESENTED THROUGH ITS MANAGING DIRECTOR, THE MOTIHARI CENTRAL CO-OPERATIVE BANK LTD. MOTIHARI. 2. THE MANAGING DIRECTOR, THE MOTIHARI CENTRAL CO- OPERATIVE BANK LTD., BANK ROAD, BHAWANIPUR ZIRAT, MOTIHARI. 3. THE BRANCH MANAGER, THE MOTIHARI CENTRAL CO-OPERATIVE BANK LTD, DHAKA BRANCH, DHAKA, EAST CHAMPARAN. For the Petitioner : M/s. Prakash Srivastava, Anil Kumar, Advocates. For the Bank : Mr. S.N. Pathak, Advocate. ----------- 02. 15.07.2010. Heard learned counsel for the petitioner and the counsel for the Motihari Central Co-operative Bank Limited(hereinafter referred to as the Bank). 2. Petitioner was appointed as Collecting Agent in the Bank under appointment letter No.864 dated 3.2.2004, Annexure-1 and has been removed from the rolls of the Collecting Agent under the impugned order dated 1.6.2010, Annexure-5 passed by the Managing Director of the Bank on the ground that he failed to make collection during the last two years. 3. It is submitted on behalf of the petitioner that under order dated 16.5.2009, Annexure-2 petitioner was deputed to serve in the office of the Bank and while serving in the office he could not make collection and such fact was informed to the authorities while submitting his reply to the notice bearing letter No.73 dated 3.5.2010, Annexure-3 vide his reply dated 8.5.2010, Annexure-4 but without - 2 - considering the same impugned order dated 1.6.2010 has been passed terminating his engagement as Collecting Agent. Against the order of the Managing Director petitioner has remedy before the Board of Directors of the Bank. 4. Let petitioner assail the order dated 1.6.2010, Annexure-5 before the Board of Directors by filing appeal asserting that he could not make collection during the relevant period as he was deputed in the office in the light of the instructions contained in letter dated 16.5.2009, Annexure-2 and if the Board of Directors is satisfied that petitioner could not make collection as he was deputed in the office then in appreciation of such fact the impugned order removing him from the rolls of the Collecting Agent by the Managing Director be set aside. Petitioner should file appeal before the Board of Directors along with a copy of this order, which should be considered by the Board of Directors in its next meeting held after its receipt. In case, the Board of Directors is not inclined to allow the appeal of the petitioner, appropriate reasoned order be communicated to the petitioner within one month of the decision of the Board of Directors. 5. The writ application is, accordingly, disposed of. Rajesh/ (V.N.Sinha,J.)