MAHENDRA SINGH Vs. STATE OF RAJASTHAN AND ORS.

JUDGEMENT

(1.) THIS writ petition under Article 226 of the Constitution of India has been filed by the petitioner against the respondents on 16.7.1998 with a prayer that by a appropriate writ, order or direction, the order dated 15.7.1997 (Annex. A/4) passed by the Executive Officer, Ganganagar Central Co -operative Bank Ltd., Sri Ganganagar (respondent No. 5) by which the petitioner was removed from the service be quashed and set aside and further more, the judgment dated 22.4.1998 passed by the Selection Committee (respondent No. 4) by which appeal of the petitioner was dismissed be quashed and set aside.

(2.) THE facts of the case as put forward by the petitioners are as under:

(3.) THE first ground which has been taken by the petitioner in his writ petition is that Executive Officer. Yusuf Khan who himself was disciplinary authority was Member - Secretary of the Selection Committee (respondent No. 4) constituted under Rule 5 of the Agriculture Credit Co -operative Societies Manager's Service Rules, 1991 (hereinafter referred to as the Rules of 1991) and 'since in the Selection Committee, one of the members was Executive Office, Mr. Yusuf Khan (respondent No. 5) who was disciplinary Authority who passed the removal order dated 15.7.1997 (Annex. A/4) of the petitioner and since the impugned order dated 15.7.1997 (Annex. A/4) was passed by respondent No. 5 (Executive Office Mr. Yusuf Khan), therefore, he should have not sat in the Selection Committee as one of the members and since appeal was heard by him as one of the members, therefore, the appellate judgment dated 22.4.1998 (Annex. A/6 is no judgment in the eye of law and has become biased judgment and therefore, it should be set aside.