C/M, ABUPURVA KHURD SADHAN SAHKARI SAMITI AND ANR Vs. JOINT SECRETARY (COOP )&A A , GOVT OF U P AND 3 OR

JUDGEMENT

(1.) According to the office report dated 03.12.2016, neither acknowledgement nor unserved notice has been received in the office hence notice is deemed to be sufficient on the respondent No.4.

(2.) The petitioners have filed this writ petition challenging the order dated 23.10.2015 passed by the respondent No.3, Joint Commissioner & Joint Registrar, Cooperative, U.P. Moradabad Division, Moradabad and the order dated 19.7.2016 passed by the respondent No.1, Joint Secretary (Cooperative) & Appellate Authority (Cooperative), Government of U.P., Lucknow.

(3.) The brief facts of the case are that the respondent No.4, Ramesh Chandra Sharma, was appointed as Salesman/Accountant in Abupura Khurd Sadhan Sahkari Samiti Limited, Block Bilari, District Moradabad, a registered primary agricultural cooperative credit society. Vide its resolution dated 10.4.1987, the services of the respondent No.4 were terminated on the ground of unauthorized absence from duty and also on the ground of his involvement in a criminal case under Section 409 IPC, registered as Case Crime No. 122 of 1987. The resolution dated 10.4.1987 was never challenged by the respondent No.4 before any competent forum or authority. However, he was acquitted in criminal case under Section 409 IPC by the judgement and order dated 22.11.2013 by the Additional Chief Judicial Magistrate, Moradabad.