TRILOKI NATH TRIPATHI Vs. REGIONAL ADMINISTRATIVE COMMITTEE U P PRIMARY AGRICULTURAL COOPERATIVE SOCIETIES GORAKHPUR

JUDGEMENT

(1.) R. A. Sharma, J. Petitioner was appointed in 1983 as Secretary of Sadhan Sahkari Samiti Ltd. On 22-3-1986 he was suspended and disciplin ary inquiry was initiated against him and an Inquiry officer was appointed to conduct the inquiry, who submitted his report, on the basis of which the District Administrative Committee passed an order on 18-10-1986, removing the petitioner from service. He filed a writ petition before this Court challenging the said order, but that writ petition was dismissed on the ground of availability of alternative remedy. Petitioner thereafter filed an appeal before the Regional Administrative Committee. The appellate authority, vide order dated 30-10-1987 allowed the appeal and remanded the case to the District Administrative Committee for deciding afresh in accordance with law on the ground that the person at whose instance the disciplinary inquiry was initiated against the petitioner cannot be appointed as Inquiry officer. After the remand the District Adminis trative Committee has passed an order dated 17-7-1989, approving its earlier order dated 18-10-1986, whereby the petitioner was removed from service, with the result that the removal of the petitioner as ordered earlier by the District Administrative Committee stood revived. Being aggrieved by it, petitioner has filed this writ petition.

(2.) PARTIES have exchanged their affidavits and we have heard the learned counsel for the parties.