HARIHAR BUX SINGH Vs. SADHAN SAHKARI SAMITI LTD

JUDGEMENT

(1.) Heard learned counsel for the petitioner, learned counsel appearing for the contesting respondent, and also perused the record.

(2.) By means of this petition under Article 226 of the Constitution of India, petitioner prays for issuance of a writ, order or direction in the nature of certiorari quashing the order dated 23.7.1990. whereby the petitioner was dismissed from service and the amount misappropriated by him was directed to be recovered from him.

(3.) Petitioner while working as Secretary of Sadhan Sahkari Samiti. Manpur, block Bawan, District Hardoi misconducted himself, on the basis of which disciplinary proceedings were initiated against him. Firstly the preliminary enquiry was conducted, in which petitioner was found prima facie guilty of the charges levelled against him. Thereafter, vide letter No. 345/Sahkari cadre, dated 31.3.1990, the petitioner was communicated charge-sheet. He was required to file explanation within fifteen days, but no explanation was filed by him. Thereafter, another letter No. 434 Sahkari cadre, dated 25.5.1990 was served upon him giving him one more opportunity to submit reply of the charges levelled against him, within further fifteen days. Even then, no explanation was filed by the petitioner. It was on 2.7.1990 that the petitioner appeared before the Committee. He has promised that he will hand over the full charge of the office of Secretary to the incumbent and will also file explanation of the charge-sheet, although the decision to punish the petitioner was taken on 3.7.1990 by the administrative committee but the Committee once again gave opportunity to the petitioner, to submit reply and to handover charge. It was on 23.7.1990 when neither the charge was handed over by the petitioner, nor reply of the charge-sheet was submitted by him, that the impugned order of dismissal was passed.