LAWS(ALL)-2018-11-127

MOHAMMAD AHMAD KHAN Vs. REGIONAL ADMINISTRATIVE COMMITTEE

Decided On November 29, 2018
Mohammad Ahmad Khan Appellant
V/S
Regional Administrative Committee Respondents

JUDGEMENT

(1.) Heard Sri A.P. Singh, learned counsel for the petitioner and Sri R.K. Nigam, learned counsel for the opposite parties.

(2.) By means of this petition, the petitioner has assailed the order dated 5.10.1995 passed by the Member Secretary, District Administrative Committee-cum-District Assistant Registrar, Cooperative Societies, U.P., Kheri whereby services of the petitioner have been dispensed with. The petitioner has also assailed the order dated 4.7.1996 passed by the Member Secretary, Regional Administrative Committee-cum-Deputy Registrar, Cooperative Societies, Lucknow Region, Lucknow whereby the appeal of the petitioner has been rejected and dismissal order dated 5.10.1995 has been confirmed.

(3.) The facts of the case are that the petitioner was initially appointed on the post of Secretary of Primary Agriculture Cooperative Society on 15.6.1970 and since then the petitioner was continuously discharging the aforesaid duties. On 1.11.1987, the petitioner was posted at Sadhan Sahkari Samiti Bastauli, District Lakhimpur Kheri. As per learned counsel for the petitioner, the petitioner was placed under suspension on 8.5.1990 for malafide intention and extraneous reasons as one Shri Narayan Tiwari, opposite party no.4, was pressurizing the petitioner to fulfil his greed for which the petitioner was not ready. However, since the charge sheet was issued against the petitioner on 8.5.1990, therefore, the petitioner submitted reply to the charge sheet and after the enquiry, the petitioner was exonerated by the enquiry officer vide order dated 24.9.1991, which is contained in Annexure No.3 to the writ petition. Learned counsel for the petitioner has, however, submitted that again a charge sheet was issued against the petitioner on 8.2.1993 (Annexure No.4 to the writ petition) on frivolous charges having intention to punish the petitioner and the petitioner filed his exhaustive reply on 15.3.1993 (Annexure No.5 to the writ petition).