SAHA Vs. UNION OF INDIA

JUDGEMENT

(1.) SINCE a common question of law arises for consideration in both the writ applications, they have been heard together and are being disposed of by a common order.

(2.) BOTH the petitioners were employees of National Co -operative Consumers ' Federation of India Ltd. and were at the time posted at Patna. Certain verification of stocks and accounts led the respondents to believe that the two petitioners, one being the Branch Incharge and the other L.D. C. acting as Store Keeper had swindled some money by not accounting for certain Disco pencils and Video games, ranging from about Rs. 14,000/ - to Rs. 25,000/ - became the reason why the disciplinary enquiry was initiated. Articles of charges were framed, served and enquiry held. Finding of guilt thereafter came to be recorded with regard to at least some of the charges and vide order dated 24.2.1995 the President of the Organization while exercising power under Regulation 33(d) of the Bye -laws of National Cooperative Consumers ' Federation of India Ltd. decided to impose punishment of termination from service on both these petitioners. These orders of punishment are under challenge in both the writ applications.

(3.) ACCORDING to respondents the enquiry was held at Lucknow and the orders in question came to be passed in Delhi. The Court therefore decides to deal with these two preliminary objections before moving on the merits of the issues involved.