UMMED SINGH Vs. CHAIRMAN AND TECHNICAL ASSISTANT

JUDGEMENT

(1.) The instant writ petition under Article 226 of the Constitution of India has been filed by the petitioner on 9th August, 2005 seeking a direction to the respondents to restrain them from proceeding further in pursuance of the second enquiry report and for some reason if the punishment of removal or dismissal from service is visited to the petitioner, same may be declared illegal and may be quashed.

(2.) This matter came up before this Court on 10th August, 2005. While issuing notice to the respondents of the writ petition as well as of stay application, by an interim order, further proceedings in pursuance of notice dated 11.8.2005 (Annexure -7) in the writ petition was directed to be stayed till next date of hearing. However, by order Annexure -11 dated 11th August, 2005, the services of the petitioner came to be terminated by the respondents and therefore, the petitioner amended the writ petition and challenged the order Annexure -11 terminating his services.

(3.) Briefly stated facts and circumstances giving rise to the instant writ petition are that the petitioner was appointed on the post of Manager under the Primary Agriculture Credit Cooperative Society (for short "PACCS" hereinafter). Contemplating an enquiry, the petitioner was placed under suspension, however, he was not paid subsistence allowance and therefore, the petitioner preferred a writ petition being S.B. Civil Writ Petition No. 2416/2005 before this Court. After placing the petitioner under suspension, a charge -sheet Annexure -9 dated 30th November, 2004 was served on him. In pursuance of the order Annexure -1 dated 12th May, 2005 passed by this Court, amount of Rs. 6,719/ - was paid to the petitioner as subsistence allowance. However, thereafter, the respondents failed to pay any subsistence allowance during the period the petitioner remained under suspension. The enquiry proceeded ex -parte. Since the subsistence allowance was not paid to the petitioner, therefore, he could not afford the expenses in defending the enquiry though a reply to the charge -sheet was supplied by the petitioner vide Annexure -3 taking a plea that in absence of payment of subsistence allowance, he is not in a position to attended the inquiry. After considering the reply filed by the petitioner, the Chairman, District Level Enquiry Committee and Technical Assistant, vide Annexure -4 4th May, 2005, decided that no final action can be taken against the petitioner as the proceedings under Sec. 57(1) of the Rajasthan Cooperative Societies Act, 2003 (for short "the Cooperative Societies Act" hereinafter) are pending against the petitioner. According to the petitioner, for the same charges, an enquiry was pending against the petitioner before the Joint Registrar, Cooperative Societies, Bikaner Division Bikaner. By order Annexure -6, the Joint Registrar, Cooperative Societies without informing any reasons for disagreeing with the enquiry report Annexure -4 ordered for re -enquiry and consequent thereupon, re -enquiry was conducted which the petitioner could not defend since he was not paid subsistence allowance. By order Annexure -6, a major penalty terminating the services of the petitioner was recommended and thereafter, by order Annexure -11 dated 11th August, 2005, the respondent No. 5 terminated the services of the petitioner w.e.f. 11th August, 2005. Hence, this writ petition.