DEEPAK MANKOTIA Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The legality of order dtd. 16/3/2021 (Annexure A-15) issued by respondent No.2, has been questioned by the petitioner by way of instant petition.

(2.) The case as set-up by the petitioner is that 'The Nakodar Talab Krishi Seva Cooperative Society' Raja Ka Talab, Tehsil Fatehpur, District Kangra, (hereinafter referred to as the 'Society'), is registered under the Himachal Pradesh Co-operative Societies Act, 1968 (for short, 'The Act'). Respondent No.3 was employed as a salesman in the depot run by the Society for distribution of PDS items. It is alleged that respondent No.3 was found to have mis-managed the affairs of depot so much so that certain mis-appropriations were also found. The inspections of the depot were allegedly carried out on 24/12/2019 and 14/8/2020 by the Inspector, Civil Supply and Consumer Affairs. During first inspection dtd. 24/12/2019, various irregularities were found and respondent No.3 was put under suspension. On tendering of unconditional apology by respondent No.3, he was allowed to resume work. The District Controller Food Civil Supply and Consumer Affairs, Kangra had also issued a show cause notice to respondent No.3.

(3.) In the second inspection dtd. 14/8/2020 again various irregularities and illegalities were found and respondent No.3 was again put under suspension. It is further alleged that thereafter various opportunities were given to respondent No.3 to explain his conduct, but he did not respond. On 5/9/2020, the charges of mis-appropriation and misconduct were framed against respondent No.3 and he was again put to notice. As per the petitioner, respondent No.3 again did not respond and as a result, his services were terminated on 9/10/2020.