DEPUTY REGISTRAR COOPERATIVE SOCIETIES FAIZABAD Vs. SACHINDRANATHPANDEY

JUDGEMENT

(1.) Leave granted. Heard counsel for the parties.

(2.) This appeal is preferred against the judgment of a learned Single Judge of the Allahabad High Court (Lucknow Bench) allowing the writ petition filed by the first respondent herein.

(3.) The first respondent was appointed as a Co-operative Supervisor in 1961. In August 1976, he was working as Seed Store Incharge-cum-Secretary, Sahkari Sangh, Raniwan. On 19th August, 1976 he was transferred to Gonda, but he did not hand over the charge. It is alleged that he took the records of the society with him and absconded. On inspection of the Raniwan Seed Store in October 1976, the irregularities and misappropriation allegedly committed by the respondent came to light. An FIR was lodged against the first respondent for criminal breach of trust in November 1976 and on 13-12-1976, the first respondent was placed under suspension pending inquiry into charges against him, and an Inquiry Officer appointed. Memo of charges was issued to the first respondent but the case of the appellant is that it could not be served upon the first respondent because he was avoiding service and did not also cooperate in the conduct of the inquiry. Ultimately the first respondent was dismissed by an order dated 20th April, 1978 made by the Deputy Registrar. The respondent filed an appeal but while the appeal was pending he filed a writ petition in the High Court and requested for dismissal of his appeal as withdrawn. The Appellate Authority, however, dismissed the appeal on merits.