JWALA PRASAD SHARMA Vs. DY. REGISTRAR, CO

JUDGEMENT

(1.) Petitioner, by means of the present petition under Art. 226, Constitution of India, challenges impugned order of termination dated 25.02.1985 (Annexure 1 to the petition), which purports to have been issued on the direction of order dated 09.11.1984 (Annexure 2 to the petition) issued by the Assistant Registrar, Co-operative Society, U.P. Mathura (Respondent No. 2) and consequent order dated Jan. 20, 1985 (Annexure 3 to the petition) passed by Sahayak Vikas Adhikari, (Sahkarita), Block Mat, District Mathura.

(2.) No Counter Affidavit has been filed in the present petition. In paragraph 8 of the petition it is contended that petitioner was a permanent employee. In paragraph 9 it is submitted that no show cause notice had been given to the petitioner nor any charge-sheet was submitted and that no Enquiry Officer was appointed nor any report was called for. It is also contended that order of termination dated 25.02.1985 (Annexure 1) was passed on the dictates of Respondent Nos. 3 and 4 and not out of the discretion and wisdom exercised by Respondent No. 4.

(3.) Petitioner relies upon Regulation Nos. 84 and 85, which deal with penalties and disciplinary proceedings, and attracted in case of an employee in the co-operative society whose services are sought to be terminated. These Regulations require that show cause notice ought to be given and it is statutory obligation before penalty, except censure, is imposed. Before disciplinary proceedings are initated, delinquent employee must be served with a charge-sheet containing specific charges and indicating evidence to be used in support of the charges. An employee should be given an opportunity of defence.