JAGAT RAM Vs. HIMACHAL KHADI MANDAL

JUDGEMENT

(1.) THIS Regular Second Appeal has been preferred by the plaintiff against the judgment and decree dated March 3, 1994 of the District Judge, Una, reversing the judgment and decree dated December 30, 1988 of the Senior Sub-Judge, Una.

(2.) THE respondent, Himachal Khadi Mandal, hereinafter referred to as defendant, is a co-operative society formed in the year 1970 and registered under the Societies Registration Act, 1860. The plaintiff was an employee of the defendant and has been in its continuous service since the time of its constitution. During the course of such employment, the plaintiff remained posted as Manager, Production Centre, Dulehar. Audit of the accounts of the said centre was carried out and as per audit report certain deficiencies were found in the stock of the centre. The plaintiff was accordingly served with a notice dated June 13, 1983 calling upon him to show cause to and explain the allegations made therein. No reply was submitted by the plaintiff to such show cause notice. Consequently, the services of the plaintiff were terminated vide order dated July 19, 1983.

(3.) THE plaintiff assailed the said order of termination of services by way of a suit, out of which the present appeal has arisen. It was averred that the said order was null and void, inoperative and unauthorised in as much as the same was passed without following the procedure laid down under the law and the relevant rules and without affording a reasonable opportunity of being heard to the plaintiff.