RAM SARAN Vs. STATE OF U P

JUDGEMENT

(1.) Disputation in the Instant petition centres round the order dated 16.8.1989 by which the petitioner's appointment as Asstt. Accountant in Chakaundh Farmers' Services (Co-operative) Society, Chakaundh, Banda, was terminated.

(2.) Factual matrix bearing on the controversy involved in this petition is that the petitioner entered the service of the respondent-society as Asstt. Accountant on a salary pegged at Rs. 300 per month. The appointment letter dated 24.12.1985 envisaged that the service was liable to be terminated at any time without any notice. The services of the petitioner came to be terminated by means of the order dated 16.8.1989 with immediate effect. The termination of service purports to have been ordered under 'Rule 4 of the U. P. Sahkart Karamchari Seva Niyamawali' and the petitioner was paid a month's advance salary pursuant to the resolution passed by the Sanchalak Mandal of the society.

(3.) Sri K. S. Misra, appearing for the petitioner, canvassed, relying upon Regulation 85 of the U. P. Cooperative Societies Employees Service Regulation, 1975, that the services of the petitioner were not liable to be terminated except after recourse to disciplinary proceedings against the petitioner in the manner embodied in the said regulation. In opposition, Sri K. M. Sahal, standing counsel, mooted the maintainability of the petition stemming from the submission that the services of the petitioner were not governed by any statutory rules or regulations. The remedy if any, submitted the learned standing counsel, was to invoke the procedure of a suit.