HIMMATLAL CHAWADA Vs. BOARD OF REVENUE

JUDGEMENT

(1.) The employee has filed this writ petition under Article 227 of the Constitution of India to obtain writ of certiorari incinerating the order dated 11.2.1988 passed by Joint Registrar, Co-operative Societies, Ujjain in Appeal No. 514/72-73 (Annexure-'P/6') ; and order dated 2.1.1991 passed by Board of Revenue in Appeal No. 86-3-1988 (Annexure 'P/7').

(2.) Facts lie in a narrow compass. The petitioner held the most of Clerk in Shamgarh Co-operative Marketing Society Limited, Shamgarh (respondent No. 4). He was a confirmed employee. Respondent No. 4, however, terminated his service by order dated 21.9.1969 without any show-cause notice and without any opportunity of hearing. The petitioner filed the application before the Assistant Registrar, Co-operative Societies, Mandsaur under Section 55(2) of the M.P. Co-operative Societies Act, 1960 (respondent No. 3). Respondent No. 3 allowed the application, registered as Case No. 58/69-70, set aside, the order of removal and directed reinstatement with back wages (Annexure-'P/4'). Respondent No. 4 filed the appeal before Joint Registrar, Co-operative Societies., Ujjain (respondent No. 2), which was registered as Appeal No. 514/72-73. The appeal was allowed on 11.2.1988 and the order passed by respondent No. 3 was vacated (Annexure-'P/6'). Aggrieved, the petitioner filed the appeal before Board of Revenue (Respondent No. 1). The appeal was dismissed on 2.1.1991 (Annexure-T/7'), The orders (Annexures- 'P/6' and 'P/7') are challenged in this writ petition. Prayer is made for direction to restore the order (Annexure-'P/4').

(3.) Respondent No. 4 has filed the return in oppugnation.