Court No. - 16
Case :- WRIT - A No. - 27697 of 2018 Petitioner :- Rahul Kumar Arya Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Ashwini Kumar Srivastava Counsel for Respondent :- C.S.C.,Kunwar Bahadur Srivastava
Hon'ble Mrs. Sangeeta Chandra,J.
Heard learned counsel for the petitioner and Sri K.B. Srivastava who appeared on behalf of the respondent no. 5.
The petitioner is aggrieved by the order dated 1.10.2018 by which his services have been terminated.
It has been submitted by the learned counsel for the petitioner that the petitioner was appointed on the post of Accountant in Kisan Sewa Sahkari Samiti Limited, Salarpur, Block Jansath, District Muzaffarnagar and on the basis of same complaint made by one Sanjeev Kumar, the petitioner was suspended on 26.6.2018 on three charges.
The first charge related to issuance of cash receipt of Rs. 1,00,950/- being not deposited in the bank on the same date, but being deposited on 24.6.2018 after expiry of four days. The second charge related to wheat purchase. It has been alleged that there is a shortage of 10.65 quintals and as a result thereof causing loss of Rs. 21032/- to the Society and the third charge related to allegation that he has misbehaved with Sri Rajveer Singh Rana - the Secretary and Managing Director of the Society.
The petitioner gave his reply to the charge sheet on 27.5.2018. The Inquiry Officer submitted his enquiry report on 31.8.2018, exonerating the petitioner of all the charges, except the charge no.
2. No show cause notice was issued to the petitioner before the impugned order of termination was passed. It is apparent from a perusal of the impugned order of termination that it is non speaking and violates the principles of natural justice.
This Court has carefully perused the impugned order of termination dated 1.10.2018, the petitioner's contention is correct. There is no mention of the findings of the Inquiry Officer and the reply of the petitioner to the show cause notice if any was issued to him.
The impugned order of termination is set aside.
The respondent no. 5 is at liberty to proceed afresh with the disciplinary proceedings in accordance with Statutory Regulations and issue a show cause notice to the petitioner along with a copy of the enquiry report within a period of three weeks from the date a certified copy of this order is produced before it.
The petitioner shall submit his reply to the show cause notice within a further period of three weeks. The respondent no. 5 shall then consider the enquiry report and the reply submitted by the petitioner to the show cause notice and pass appropriate reasoned and speaking order thereon within a further period of eight weeks.
The writ petition is partly allowed.
Order Date :- 21.12.2018 Arif