SHYAM BABU SHRIVASTAVA Vs. STATE OF M P

JUDGEMENT

(1.) THIS is a petition under Article 226 of the Constitution.

(2.) THE petitioner was a senior Co-operative Inspector and on 17-8-66 he was posted at Bhind. In July 1967 the Registrar, Co-operative Society instituted a departmental inquiry against htm on charges specified in the annexure to the letter dated 26-7-67 (Annexure A). THE inquiry was held by the Deputy Registrar, Co-operative Society, Gwalior, who submitted a report on the basis of which a notice dated 2-8-69 (annexure G) was issued to the petitioner by the Joint Registrar to show cause why he should not be dismissed from service. THE Registrar, however, subsequently passed an Order dated 25-11-1969 withdrawing the show cause notice on the ground that the report had not been properly drawn up in as much as marshalling of evidence was not properly done and the findings were n:jt specific. THE Registrar remanded the case for writing out a proper report. THEreupon the Deputy Registrar, Shri A. S. Verma submitted a second report dated 16- 2-70 (annexure B to the return) on the basis of which final Orders dated 17- 6-70 compulsorily retiring the petitioner were passed by the Registrar (annexure J to the petition).

(3.) IN Union of INdia v. T. B. Verma A I R 1957 SC 882 = 1958 SC R 499. ' their Lordships stated the following principles of natural justice applicable to inquiries: