MULAKH RAJ Vs. KISHORI LAL

JUDGEMENT

(1.) The judgment disposes of Civil Writ Petition Nos. 176 and 2812 of 1985. Reference to relevant facts necessary to resolve the controversy in dispute is made from the pleadings in Civil Writ Petition No. 176 of 1985.

(2.) The petitioner was appointed as a Secretary of respondent No. 2 in the year 1976. He was placed under suspension on 26.2.1983 by the Managing Director. He was charge-sheeted and an enquiry was held as provided under the rules. On receipt of the inquiry report, the Managing Director proposed imposition of penalty of dismissal. The administrative committee, after hearing the petitioner passed an order of dismissal agaisnt the petitioner. The only ground urged in the petition is that the order of dismissal was not passed by a competent authority. To appreciate the contention of the petitoner, a reference to the relevant Rule i.e. Rule 29 of the Haryana State Central Cooperative Banks' Staff Service Rules, 1975 (for short the Rules) wherein the authorities competent to impose the penalties have been specified, may be made. Rule 29 of the abovesaid Rules reads thus :

(3.) For the reasons aforesaid, both the writ petitons succeed, the orders of dismissal from service of the petitioners passed by the Managing Director of respondent No. 1 are quashed and the petitioners will be taken back in service with all consequential benefits within one month from the date of receipt of copy of this order. No costs.