KRISHNA KUMAR MISRA Vs. STATE OF U.P.

JUDGEMENT

(1.) This writ petition has been filed by Krishna Kumar Mishra, who died on 05.02.2010. His legal heir has been substituted and are contesting the case. However, he is being referred as the petitioner hereinafter.

(2.) The petitioner has challenged the order dated 21.01.1997 passed by the respondent no.3, The Managing Director, U.P. Cooperative Spinning Mills Federation Ltd., Kanpur, by which the petitioner has been dismissed from service and the order dated 27.02.1998 passed by Secretary/General Manager, Nagina Sahkari Katai Mills Ltd., Nagina, district Bijnor, by which it is informed that the representation/appeal of the petitioner has been rejected by the committee of management of the mill. The decision of the committee of management, taken in a meeting held on 21.01.1997 is enclosed along with the said letter.

(3.) The brief facts of the case are that the petitioner was the employee of U.P. Cooperative Spinning Mills Limited, Kanpur, which is Apex society within the meaning of Section 2 (A-4) of U.P. Cooperative Societies Act, 1969. The object of the Federation, inter-alia is to advise assist, coordinate, supervise, monitor and to facilitate the working of the affiliated cooperative spinning mills. The petitioner was posted as Labour Officer in Nagina Shakari Katai Mills Ltd., Nagina, district Bijnor. Initially the petitioner was appointed as a Labour Officer in U.P. Cooperative Spinning Mills Federation Ltd., Kanpur vide appointment letter no.30584-86, dated 31.05.1986. The petitioner has been suspended on 16.04.1996. Thereafter, the petitioner has been served with a charge-sheet dated 14.08.1996 issued by Managing Director/Chairman, U.P. Cooperative Spinning Mills, Federation Ltd, Kanpur framing the four charges and asking the petitioner to give the reply to Sri H.O.Sharma, Prabandhak Padati Avam Nirdeshan. On the receipt of the charge-sheet, the petitioner filed reply, annexure-10 to the writ petition. By letter dated 07.1.1996 the petitioner requested to Sri H.O.Sharma, Prabandhak Padati Avam Nirdeshan to permit him to peruse certain documents. By letter dated 03.12.1996 he wrote a letter to the Secretary/General Manager, Nagina Shakari Katai Mills Ltd., Nagina, district Bijnor to permit the petitioner to examine the records. It appears that H.O.Sharma, Prabandhak Padati Avam Nirdeshan submitted the inquiry report to the Managing Director/Chairman, U.P. Cooperative Spinning Mills Federation Ltd., Kanpur. It appears that in the inquiry report the inquiry officer has observed that none of the charges of the charge-sheet have been established against the petitioner. However, by order dated 21.01.1997 the Managing Director/Chairman, U.P. Cooperative Spinning Mills Federation Ltd., Kanpur did not agree with the finding of the inquiry officer and dismissed the petitioner from service. The petitioner filed Writ Petition No.24934 of 1997, which has been disposed of with the direction to the petitioner to file a representation against the said order before the competent authority. The petitioner filed representation/appeal, which has been dismissed by the committee of management by order dated 27.02.1998. Being aggrieved, the petitioner filed the present writ petition. Counter and rejoinder affidavits have been exchanged.