THE TANGAUR COOP. CREDIT AND SERVICE SOCIETY LTD., TANGAUR DIST. KURUKSHETRA Vs. THE JOINT SECRETARY TO GOVT. OF HARYANA, DEPARTMENT OF COOPERATION, CHANDIGARH

JUDGEMENT

(1.) THE petitioner has fried this writ petition for the issuance of a writ in the nature of certiorari for quashing the orders dated 4.2.2000 and 25.8.2000. (Annexures P3 and P4 respectively.)

(2.) IT has been averred that the petitioner's Society i.e. Tangaur Cooperative Credit and Service Society Limited, Tangaur (hereinafter referred to as the Society) is a Co -operative Society registered under the provisions of Haryana Co -operative Societies Act, 1984 (hereinafter referred to as the Act). Respondent No. 3 i.e. Ram Singh worked as a Clerk -cum -Cashier with the petitioner's Society. It has been further averred that respondent No. 3 embezzled some amount of the Society and also took bribe from the members of the society. Because of these misconducts of respondent No. 3, he was put under suspension on 6.4.1998. A charge -sheet was framed and issued to him on 8.5.1998. Respondent No. 3 gave reply dated 27.5.1998 to the charge -sheet. An Enquiry Officer was deputed to summon respondent No. 3 for 29.6.1998 through registered A.D. The registered A.D. was received back on 24.6.1998 but respondent No. 3 did not appear before the Enquiry Officer. Another registered letter for appearance of respondent No. 3 was issued on 30.6.1998. Respondent No. 3 did not pay any heed to the second registered letter also and did not appear before the Enquiry Officer. An ex parte enquiry was conducted and the charges levelled against him were proved. Shri Jasbir Singh who was appointed as an Enquiry Officer was the Vice President of the Society. The enquiry report had been attached with the writ petition as Annexure PI. A meeting of the Managing Committee of the Society took place and it was unanimously resolved to terminate the services of respondent No. 3. Copy of the resolution dated 31.10.1998 has been attached an Annexure P2 with the writ petition.

(3.) NOTICE of motion was issued.