JUDGMENT Rakesh Tiwari, J.
1. Heard Counsel for the parties and perused the record.
2. The petitioner was appointed as Clerk on 23.3.1992 in Sadhan Sahkari Samiti Ltd., Amamadapur; which is a Primary Agriculture Credit Society. The appointment is said to have been approved by the District Assistant Registrar, Cooperative Societies.
3. The petitioner has filed this writ petition challenging his order of termination-dated 5.1.1997, which was passed on the ground that there was a ban on appointment in 1992 when the petitioner was appointed.
4. The petitioner submits that the ban on appointments was imposed by the Registrar by order-dated 23.5.1992. He alleges that he was appointed on 1.4.1992 before 23.5.1992, i.e., the date of imposition of ban hence, his services could not have been terminated on the ground given in the letter of termination of his services and that he had been working satisfactorily for about 5 years and his appointment cannot be cancelled without any notice or opportunity of hearing before terminating his services particularly when his appointment had been approved.
5. The petitioner, has also relied upon circular dated 8.1.1993, which provides that no order for termination of employees will be passed without prior approval of the District Assistant Registrar, Co-operative Societies.
6. No counter-affidavit has been filed by the respondents inspite of services. The allegation in the writ petition have not been denied and the petitioner is working under the interim order of this Court dated 7.4.1997.
7. It is clear that appointment of the petitioner was made before the imposition of ban and the impugned order of termination has been passed without, prior approval of the District Assistant Registrar, Co-operative Societies. The principles of natural justice have also not been complied with and the order has been passed arbitrarily and without application of mind.
8. For these reasons the writ petition is succeeds and allowed. The impugned order dated 5.1.1997, is quashed. No order as to cost.