SITA RAM Vs. STATE OF HARYANA AND ANOTHER

JUDGEMENT

(1.) Retirement of the petitioner brought about vide Annexure P-8 issued under Rule 15(c) of the Haryana State Supply and Marketing Co-operative Service (Common Cadre) Rules, 1988, is under challenge in this writ petition (which is being prosecuted by Smt. Sunder Devi widow of Shri Sita Ram, the original petitioner and his other legal representatives).

(2.) Petitioner, Sita Ram, joined service as a Manager on 23.8.1966 in the Marketing Co-operative Society, Pundri, Tehsil Kaithal. He was absorbed in the service of the Haryana State Co-operative Supply and Marketing Federation Ltd. (for short, the Federation) with effect from 1.1.1970 as Manager Grade B under the Common Cadre Rules, 1969. He was promoted as Manager Grade A on adhoc basis vide order dated 30.12.1977. He was then promoted as District Manager vide order dated 5.11.1986. This promotion was made effective from 29.7.1983 and it was stated in the said order that the petitioner has successfully completed the period of probation on 28.7.1984 on the post of District Manager.

(3.) While the petitioner was working on the post of the District Manager, he was given monetary incentives along with other District Managers vide order (Annexure P-3) dated 15.4.1987, issued by the Managing Director of the respondent-Federation. On 25.5.1989, the respondent Federation issued a notice to the petitioner proposing an inquiry against him on the allegation of misconduct enumerated in the charge sheet issued upon the petitioner along with the notice. On receipt thereof, the petitioner made application dated 16.6.1989 and requested the Managing - Director of the Federation to give him one months time to reply to the charge sheet because he was busy in procurement of Mustard Seed in Joint Venture with Nafed. On 3.7.1989, the petitioner gave another letter to the Managing Director and requested that he may be given an opportunity to inspect the in order to file reply to the charge sheet. However, on the very next date, i.e. 4.7.1989, the Managing Director of the Federation issued the impugned order for retirement of the petitioner on his attaining the age of 55 years.