LAWS(MPH)-2017-5-53

HITESH SHARMA Vs. M.P. STATE COOPERATIVE DAIRY

Decided On May 01, 2017
Hitesh Sharma Appellant
V/S
M.P. State Cooperative Dairy Respondents

JUDGEMENT

(1.) Though, the matter is posted today for interim relief but, with the consent of parties writ petition is heard finally and decided.

(2.) Petitioner serving on the post of Sales Promotion Organizer with Gwalior Dugdh Sangh has approached this Court with a grievance that without departmental enquiry and opportunity of hearing impugned order of termination has been passed purportedly under regulation 21 (2) of Madhya Pradesh State Co-operative Dairy Federation Employees Recruitment, Classification and Service Condition Regulation 1985 (hereinafter referred to as the "Regulations ").

(3.) It is submitted that earlier also the petitioner was visited with penalty of termination without departmental enquiry and opportunity of hearing. The petitioner had challenged the aforesaid action before the Principle Seat at Jabalpur. The Division Bench of this Court by deciding Writ Petition No.7072/ 2015 on 14.8.2015 has quashed the termination order relying upon the judgment of Coordinate Division Bench in Writ Petition No. 17611/2014(s) (Anand Kumar Tiwari v. The State of Madhya Pradesh and others) decided on 10.3.2015. However, liberty was given to respondent to proceed against the petitioner by following due process of law as per the Regulations.