SPECIAL OFFICER HAZARIBAGH Vs. MADAN MOHAN PRASAD

JUDGEMENT

(1.) The defendants are the appellants. The respondent No. 1 (the plaintiff) filed the suit for declaration that the order of termination of his service on 10 -10 -1975 was void as having been passed in violation of the principles of natural justice and for permanent injunction restraining the appellants defendants from giving effect to the said order. The trial Court decreed the suit in favour of the respondent which was confirmed by the Lower Appellate Court.

(2.) Admittedly while the respondent was working as Branch Manager of Appellant No. 3 (the Co -operative Bank) he was charge -sheeted and he was directed to file show cause. This was issued while the Co -operative Bank was being managed by the Managing Committee duly constituted under the provisions of Bihar and Orissa Co -operative Societies Act, 1935 (the Act) the respondent was suspended from service. The respondent thereafter filed his show -cause denying the charges. An enquiry committee was constituted to enquire into the charges against the respondent. Thereafter the enquiry committee exonerated the respondent from the charges. Mean -while the Managing Committee of Appellant No. 3 was superseded by the order of the Registrar under Sec. 41 of the Act and he appointed Special Officer for discharging the functions of the Managing Committee. The Special Officer was the Deputy Development Commissioner, Hazaribagh (Appellant No. 1), The Appellant No. 1 sent the report to other officers for scrutiny who submitted report that they did not agree with the report of the enquiry committee. This was accepted by appellant No. 1 and on 10 -10 -1975 he passed an order against the respondent discharging him from service as the charges had been proved against him. This was to come into effect from 11 -10 -1975.

(3.) According to plaintiff there had been violation of the principles of natural justice in conducting the domestic enquiry against the respondent. This was denied by the appellant in the written statement.