ISHWAR SINGH @ ISHWAR CHAND Vs. HARYANA STATE FEDERATION OF CONSUMERS COOPERATIVE WHOLESALE STORES LTD , CHANDIGARH AND OTHERS

JUDGEMENT

(1.) The petitioner was working as Salesman in CONFED, District Office, Sonepat. On 28.11.2001 the petitioner was charge-sheeted on various charges including the charges of embezzlement and misappropriation of the funds of the Federation to the tune of Rs. 34,232.03. A regular enquiry was conducted giving full opportunity to the petitioner to defend his case before the Enquiry Officer. In the enquiry, the petitioner was found guilty of all the charges and thereafter a show-cause notice was issued to him for recovery of Rs. 34,232.03. After giving him personal hearing, the order of recovery of the said amount was passed against the petitioner, who by that time was retrenched from service. Against the said order, the petitioner filed an appeal before the Board of Directors of CONFED. The said appeal was dismissed by the Board of Directors of CONFED vide order dated 17.10.2007 (Annexure P10), while passing the following order :

(2.) I have heard the counsel for the parties. A perusal of the impugned order (Annexure P10) clearly reveals that teh said order is totally non-speaking. No reason has been given for rejecting the appeal and upholding the order passed by the Managing Director. This factual position has not been controverted by the counsel for the respondents. The principles of natural justice require that the Appellate Authority should pass a speaking order by giving reasons for rejecting the appeal. Since while rejecting the appeal of the petitioner no reason has been given, the impugned order is not sustainable in the eyes of law.