ASHWANI KUMAR Vs. PARKASH CHAND

JUDGEMENT

(1.) Through the present writ petition, the termination of the petitioner vide order dated 17.6.1995 (P-31) has been challenged. Learned counsel for the petitioner has raised three fold arguments while challenging the termination order. Firstly, the said termination is mala fide which is evident from the sequence of events. Secondly, the procedure adopted by the inquiry officer was unreasonable, no reasonable opportunity was given, relevant documents were not supplied, the audit report was not allowed to be shown. As such, the enquiry was vitiated. Lastly, the punishment awarded is excessive to the extent that it shocks the conscience of a reasonable man. The punishment of termination has been passed for a clerical mistake.

(2.) A short written statement was filed by the respondent. The detail written statement was not filed in spite of the direction of this Court vide order dated 16.5.1997. In the written statement, the respondents have taken a specific stand that the present writ is not maintainable against the respondents as it is a society.

(3.) Heard.