R N CHATURVEDI Vs. STATE OF U P

JUDGEMENT

(1.) SABHAJEET Yadav, J. By this petition, petitioner has challenged the order dated 4-1-1997 passed by respondent No. 4 and order dated 15-11-1997 passed by respondent No. 2 communicated to the petitioner vide letter dated 23-9-1998 issued by Secretary/general Manager Etawah Unit contained in Annexure-9 and 15 respectively to writ petition. Vide order dated 4-1-1997 while working on the post of store incharge in U. P. Co-operative Spinning Mills Ltd. Etawah the petitioner has been dismissed from service and vide order dated 15-11-1997 the appeal preferred against the order of dismissal has been dismissed by respondent No. 2 and vide communication letter dated 23-9-1998 the aforesaid order passed in appeal of the petitioner has been communicated to him.

(2.) THE brief facts leading to the case are that the petitioner was appointed as store incharge in U. P. Co- operative Spinning Mills Federation Ltd. , Etawah in pursuance of appointment letter dated 25-8-1982. It is stated that 11 Co-operative Spinning Mills including the Co-operative Spinning Mills Federation Ltd. , Etawah is affiliated with U. P. Co-operative Spinning Mills Federation Limited, Kanpur which is an Apex Society and its area of operation is extended to whole Uttar Pradesh. It is also stated that the work and conduct of the petitioner was quite satisfactory, therefore, he was confirmed on the post of Store Incharge vide a letter dated 26-11-1983. In para 8 of the writ petition it is stated that when the present Managing Director Sri Vijai Shanker Pandey, an I. A. S. Officer took over the charge of the Federation from very inception he started harassing in order to mount pressure to get illegal benefit from the Mills and officers/employees who does not succumb to his illegal desire were subjected to torture and humiliation on the basis of concocted and fabricated vague charges and in pursuance thereof the petitioner was served an order dated 9-11-1996 issued by Managing Director of Federation and Chairman of the Mills namely Sri Vijai Shanker Pandey himself appointing inquiry officer and disclosing therein that a disciplinary proceeding is pending against the petitioner. A Copy of which is on record as Annexure-3 of the writ petition. THE aforesaid order was followed by a charge-sheet dated 15-11-1996 issued by respondent No. 3, whereby three charges were levelled against the petitioner that (1) the petitioner did not supply demanded experience certificate produced at the time of his appointment (2) the petitioner went on leave and started submitting medical certificate to the authority concerned and (3) the petitioner did not turned up for medical check up on 29th July, 1996 in spite of information sent by telegraph. A copy of charge-sheet is on record as Annexure-4 of the writ petition. In response to the aforesaid charge-sheet, the petitioner submitted his reply before the authority concerned on 2-12-1996 refuting the charges levelled against him. A true copy of the reply of charge-sheet dated 2nd December, 1996 is on record as Annexure-5 to the writ petition.

(3.) HEARD Sri T. P. Singh, learned Senior Counsel assisted by Sri Ajay Shanker Advocate for the petitioner and Sri Dhananjay Awasthi, learned Counsel for the respondents.