MAHABIR SINGH, SECRETARY, THE RAJPURA COOPERATIVE CREDIT AND SERVICE SOCIETY LTDS. Vs. STATE OF HARYANA AND ORS.

JUDGEMENT

(1.) Petitioner takes exception to order dated 2.1.2002. Annexure P -8 vide which he has been asked to deposit the amount lost by him, failing which it shall be deducted from his salary.

(2.) The facts, as projected in the petition, reveal that petitioner recovered an amount of Rs. 52,000/ - from the loanee numbers of the Society and could not deposit the said amount in the Bank. It is his case that he could not deposit the amount in the bank on account of the fact that 13th January, 2001 was a holiday being Saturday and January 14, 2001 was Sunday, once again a holiday. On January 15, 2001 when he was going to deposit the amount in the Bank on his bicycle, on the way, as unidentified person put a piece of cloth in the chain of his cycle. When petitioner was trying to remove the piece of cloth from the chain of his cycle, the said tin -identified person took away the bag containing the amount of Rs.52,000/ - from the basket of the cycle and ran away. Petitioner made a complaint to the SHO, Police Station City Jind on 15.1.2002, on the basis of which an FIR was registered on 15.1.2002 and it is further his case that investigation in the aforesaid incident is going on.

(3.) It is pleaded and so argued by learned counsel for the petitioner that no charge -sheet was served upon the petitioner and no enquiry has been conducted or initiated against him. So much so, no opportunity of hearing was even granted to the petitioner by the respondents and that being so, impugned order'. Annexure P -8, needs to be set aside being against the principles of natural justice and rule of audi -alteram -partem. It is also the contention of learned counsel that the said order is violative of provisions of the rule 28 of the Haryana State Central Cooperative Bank's Staff Service (Common Cadre) Rules, 1975. Rule 28(a) of the said rules reads thus: -