DES RAJ GUPTA Vs. STATE & ORS

JUDGEMENT

(1.) The provisions of the Public SAervants (Inquiries) Act 1977 (1920 AD) hereinafter referred to as the Act are being challenged as unconstitutional. It is submitted that the provisions of the aforementioned Act are not only discriminately therefore violative of Article 14 of the Constitution of India but even otherwise these cannot be made applicable to the petitioners.

(2.) Facts in brief are as under :

(3.) Petitioner No. 1 had taken a plea that he had already lodged a First Information Report in this regard and that he was not responsible in any manner for the inference which was sought to be drawn by the Registrar of the Cooperative Societies. It was basically submitted that it was Ashok Kumar Handa who was responsible for loss. It was further submitted that this Ashok Kumar Handa was an employee of the Cooperative Society and his services were brought to an end.