CHANDER SINGH DALAL Vs. HARYANA DAIRY DEVELOPMENT CO-OPERATIVE FEDERATION LIMITED THROUGH ITS MANAGING DIRECTOR AND ORS.

JUDGEMENT

(1.) BRIEF facts are that the petitioner was working as Dairy Extension Worker in Sub Store Milk, Jhajjar. On October 07, 1994, First Information Report No. 290 under Section 408 of the Indian Penal Code was registered against him and three others at Police Station, Jhajjar, on the allegation that proceeds of ghee, seeds etc. to the tune of Rs. 53,383/ - had been embezzled.

(2.) IN the departmental inquiry, the petitioner was found guilty by the Inquiry Officer. In view of the findings of the Inquiry Officer, the petitioner had been removed from service on September 10, 1996.

(3.) HOWEVER , vide judgment of conviction dated March 28, 2003 and the sentence order dated March 29, 2003, the petitioner, along with his co -accused, was convicted by the Chief Judicial Magistrate, Jhajjar, under Section 408, Indian Penal Code, and -sentenced to undergo rigorous imprisonment for three years and to pay a fine of Rs. 3,000/ - and in default of payment of fine to undergo further rigorous imprisonment for nine months. As a result of this judgment of conviction and sentence order, the Chief Executive Officer of the Rohtak Co -operative Milk Producers Union Limited (respondent No. 3) passed the order dated May 30, 2003 (Annexure P -2) removing the petitioner from service. Petitioner filed appeal against the order dated May 30, 2003 (Annexure P -2) on the ground that the sentence of imprisonment imposed upon the petitioner by the Chief judicial Magistrate, Jhajjar, had been ordered to remain suspended by the Additional Sessions Judge, Jhajjar, vide order dated April 19, 2003 (Annexure P -l) passed in the appeal preferred by him and he had conveyed this order to respondent No. 3. Despite this, he was ordered to be removed from service by respondent No. 3. Appeal of the petitioner was dismissed by the Appellate Authority on the ground that it had not been filed within the prescribed period. As his appeal was not heard on merits, the petitioner filed Civil Writ Petition No. 2877 of 2004 challenging the dismissal of his appeal. This court vide order dated May 37, 2005 (Annexure P -5) allowed the writ petition and directed the Appellate Authority to pass an order on the merits of the controversy. The Appellate Authority dismissed the appeal on December 06, 2005, on the ground that the petitioner had been convicted and sentenced by the Court of Chief Juridical Magistrate, Jhajjar. The order dated December 06, 2005, was conveyed to the petitioner by respondent No. 3 by his letter dated January 04, 2006 (Annexure P -6).