T. N. ROY Vs. THE PUNJAB STATE CO

JUDGEMENT

(1.) This case was taken up for final arguments as the learned Counsel appearing for the parties so expressed when an application for vacating of stay was filed by stating that inasmuch as, the merits of the case have to be gone into, disposal of the application in question, so it would be better to decide the main case as such.

(2.) The facts of the case reveal that appellant (hereinafter referred to as the plaintiff) filed a suit giving rise to the present appeal challenging the show-cause notice dated 6th of March, 1987, styling it to be illegal and null and void. Various grounds that the Managing Director who was not the appointing or punishing authority and had no jurisdiction to issue the notice and that he was not supplied number of documents and list of witnesses pointing towards the invalidity of the show-cause notice issued to him, were taken.

(3.) The plaintiff joined as Sectional Officer with respondent MARKFED on 24.2.1969. He was promoted as Assistant Engineer in the year 1974. However, in the year 1981 a departmental enquiry was initiated against him and in consequence thereof he was dismissed from service in April, 1982. He filed an appeal before the Board of Directors which failed. Aggrieved by the same, he filed a revision petition before the Registrar Co-operative Societies, Punjab, which was accepted reinstating him although giving a right to the respondent-MARKFED to go in for de noto enquiry. In this second enquiry which was conducted after his reinstatement that a show- cause notice was given to him on 6.3.1987, which, as mentioned earlier, was challenged by him. The matter was contested by the respondent giving rise to the following issues :-