IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH CWP No.2994 of 1985 Date of decision: December 18, 2008 Bathinda Central Cooperative Bank Ltd. ... Petitioner Versus Registrar, Cooperative Societies, Punjab & others ... Respondents CORAM : HON'BLE MR. JUSTICE AJAY TEWARI Present : Mr. I.S. Sidhu, Advocate for the petitioner. Ms. Jagdeep Bains, Advocate for the respondents. Mr. R.C. Chaudhary, Advocate. Mr. J.S. Sandhu, AAG, Punjab. *** 1. Whether Reporters of Local Newspapers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? AJAY TEWARI, J.(Oral) This writ petition has been filed against the order of Registrar, Cooperative Societies allowing the appeal of respondent No.2 against the order of his dismissal. As per the petitioner, the respondent unauthorisedly remained absent for a period of 7 months from duty and despite various communications to either produce a medical certificate from a competent authority or report back to duty he did not do so. Consequently, the petitioner-Bank had no option but to dismiss him for remaining absent from the duty. The respondent filed an appeal under Byelaw No.37(3) of the registered byelaws CWP No.2994 of 1985 -2- governing the petitioner-bank before the Registrar, Cooperative Societies, Punjab. Registrar, Cooperative Societies on merits held that the dismissal of the respondent without any disciplinary proceedings was void. As regards his power to hear the appeal he did not take recourse to byelaw No.37(3) but to Rule 10 of the Punjab Cooperative Financing Institutions Services Rules (hereinafter called the Service Rules). Learned counsel for the petitioner has argued that the conduct of the respondent did not leave any option with the petitioner and it was clear case of abandonment of service. Without going into this aspect of the matter I find that the action of the petitioner in having dismissed the respondent straightway without holding any inquiry is clearly indefensible and to that extent the impugned order of the Registrar, Cooperative Societies cannot be faulted. Additionally, it has to be noticed that the Registrar, Cooperative Societies gave the liberty to the petitioner to proceed afresh against the appellant in accordance with the Rules. In these circumstances, I find no ground to interfere with the order of Registrar, Cooperative Societies. Consequently, this writ petition is dismissed. It is however made clear that the entitlement of the respondent for the salary and other consequential benefits to which he may be entitled for the period he remained out of service would be determined after the completion of disciplinary proceedings. It is directed that the petitioner-bank would conclude the disciplinary proceedings CWP No.2994 of 1985 -3- within six months from the date of receipt of certified copy of this order. December 18, 2008 (AJAY TEWARI) sonia JUDGE