MOHD ISLAM ANSARI Vs. MANAGING DIRECTOR CUM SECRETARY

JUDGEMENT

(1.) The present writ petition has been directed against the orders dated 15-10-1984, 1-7-1919 and 5-8-1989.

(2.) The case as made out in the writ petition is that the petitioner was appointed as Co-operative Supervisor in the year 1962 and was made permanent thereafter. On certain complaints relating to sale of fertilizers a first information report was lodged against the petitioner on 17-4-1983 under Section 409, I P C. The petitioner was suspended immediately thereafter. On 20-21-1983 a charge-sheet was issued by the Enquiry Officer. The petitioner stated that he did not file any reply to the charge sheet as he was assured that the departmental enquiry shall not be conducted as the criminal investigation in respect of the same charges was pending Although there was no development in any of the proceedings on 20-5-1985 a show cause notice was issued to the petitioner to which the petitioner submitted his reply on 7-6-1985 By an order dated 15-10-1985 passed by the Deputy Registrar, Co-operative Societies, the petitioner was dismissed from service. Further, direction was issued to take proceeding under Section 68 of the U.P. Co-operative Societies Act. The petitioner preferred an appeal against the order of dismissal and the said appeal was dismissed by the order dated 9-1-1989 by the Appellete Authority. The petitioner made various complaints against the order of dismissal as also the appellate order and challenged the proceedings on various ground including non-supply of the copy of the Enquiry report.

(3.) The respondents contested the proceeding by filing two counter affidavits. The first one apart from denying the Allegations made in the writ petition stated that the charge sheet was not replied to by the petitioner. Thereafter a notice was published in daily newspaper 'Dainik Jagran' calling upon the petitioner to file bis reply and to put forward his defence and otherwise the matter would be decided exparte. The petitioner did not respond even thereafter. The second counter affidavit dealt with the matters relating to the appellate authority and denied the application dated 21-8-1989 or 31-5-1981. It further stated that only one application letter from the petitioner was received in the head office of Federal Authority at Luckow and that was dated 30-3-90 whereby the petitioner wanted to know the result of the appeal.