DILIP CHOUDHURY Vs. STATE OF TRIPURA

JUDGEMENT

(1.) .By means of this appeal, the appellant has impugned the order dated August 12, 2002, passed in W.P.(C) No. 596 of 2001, whereby the learned single Judge dismissed the writ petition.

(2.) . The appellant, herein, was appointed as a Helper in Sabroom Primary Marketing Co-operative Society Limited (hereinafter referred to as "the Society") on fixed remuneration of Rs. 400/- per month. The order of appointment of the appellant stipulated given of a notice of one month before terminating his service. However, by order, dated June 24, 1997, (Annexure-3 to the Writ Petition) the appellant was discharged from service on the ground that he had failed to deposit the amount, which he had, according to the respondents, defalcated. The appellant remained silent for about 4 years and, then, approached this Court, with the help of the writ petition, challenging his discharge from service on two grounds, viz. (i) that no notice, as stipulated in his appointment order, was served on him before he was discharged from service; and (ii) that he was also not given opportunity of showing cause against the alleged defalcation of the amount belonging to the Society.

(3.) . The respondents herein resisted the claim of the writ appellant by filing their affidavit in-opposition, wherein they contended, inter alia, that the writ petitioner had, on various dates, while serving as a helper in the Society. Defalcated a huge amount of money belonging to the Society and the total amount, so misappropriated, came to the tune of Rs.1,26,818.72 and though the petitioner was asked by the Society to repay the said defalcated amount and though the petitioner had, vide his letters, which are laid at, Annexure-C series, undertook to make the repayment, he failed to do so. This apart, the petitioner had himself, according to respondents, sought for being relieved from service and it was in such circumstances that the petitioner was discharged from service.