JUGUL KISHORE SRIVASTAVA Vs. CHAIRMAN MILLS MANAGING DIRECTOR OF SANT KABIR SAHKARI KATAI MILLS, LTD., KANPUR AND OTHERS

JUDGEMENT

(1.) Order, dated 26-6-1991 at Annexure No. 11 to the writ petition has been challenged by present writ petition.

(2.) In brief the case made out in the writ petition, is that the petitioner was appointed as Mill Engineer in the Sant Kabir Sahkari Katai Mills Limited Magahar, District Basti on 7-2-1975. A charge-sheet dated 23-8-1990 was issued to the petitioner to which the submitted his reply on 5-9-1990 denying the allegation made in the charge-sheet. The enquiry officer was appointed who proceeded ex parte without giving any opportunity of hearing to the petitioner Ultimately the Enquiry Officer, the respondent No. 3, submitted his report whereupon the respondent No. 1 by order, dated 26-6-1991 terminated the service of the petitioner with effect from 26-6-1991. Challenging the said order the present writ petition was moved.

(3.) Respondents filed counter-affidavit contending inter alia, that the Enquiry Officer proceeded with the enquiry strictly in accordance with law and the petitioner had been afforded full opportunity of hearing by the Enquiry Officer and that the petitioner cross-examined the witnesses of the employer and himself appeared for defence producing witnesses and filed documents. In the circumstances the final order passed in the disciplinary proceeding is in no way irregular or illegal. Loss suffered by the Mill because of the conduct of the petitioner has also been disclosed,