MAHAVEER PRASAD SHARMA Vs. CANE COMMISSIONER U P

JUDGEMENT

(1.) A charge sheet was issued to the petitioner on 8th July, 1997 pursuant to which an enquiry was proposed. By an order dated 9th October, 1998, the petitioner was punished by the Committee of Management. This order is contained in Annexure 6 to the writ petition. Mr. N.L. Pandey, learned counsel for the petitioner contends that the petitioner had retired on 30th June, 1998. The crushing season 1997-98 ended on 15th July, 1997. In view of Regulation 27 of the U.P. Cane Cooperative Service Regulation, 1975, the disciplinary proceedings should be deemed to have been automatically dropped, if it is not completed within the same crushing season expiring on 15th July, 1997. Therefore, the impugned order is in-competent and is liable to be quashed.

(2.) Mr. Manish Umrao, holding brief of Mr. P.M.N. Singh, learned counsel for the respondents contends that since the charge sheet was issued on 8th July, 1997, namely seven days before the end of the crushing season i.e. 15th July, 1997, therefore, it cannot be said to have been automatically dropped after 15th July, 1997. According to him, the season 1997-98 may be taken to be the crushing season for the purpose of Regulation 27 of the said Regulation in this case. Therefore, the order is competent and has been rightly passed. I have heard both the counsel at length. Crushing season has been defined in the said Regulation in Regulation 2(n) in the following manner :-

(3.) U.P. Sugarcane (Regulation of Supplies and Purchases) Act, 1953 from where the definition of crushing season has been borrowed in Regulation 27 provides in Section 2(I) as follows:- "Crushing Season" means the period beginning on the 1st October in any year and ending on the 15th July next following;