- (1.) This appeal by way of special leave is directed against the judgment and order dated 18th January, 2005 passed by the High Court of Judicature at Allahabad in Civil Misc. Writ Petition No. 51699 of 2000, whereby the order challenged in the writ petition was quashed and the writ petition was allowed.
(2.) As will appear from the materials on record, the respondent No. 1 herein, Shri Ram Pratap Yadav, was appointed as Secretary/General Manager of the Mau-Aima Sarkari Katai Mills Limited at Mau-Aima in Allahabad on 24th January, 1990 by the U.P. Co-operative Spinning Mills Federation Limited (hereinafter referred to as "Federation"), which is the apex body of various Co- operative Spinning Mills in the State of Uttar Pradesh. During his tenure as such General Manager of the Mau- Aima Spinning Mill various complaints were received against him in regard to serious financial irregularities alleged to have been committed by him. A charge-sheet containing 15 charges was served on him, of which the Enquiry Officer found charges 1, 4, 11 and 14 to have been fully proved, while charges 3, 8, 9, 12 and 13 were held to have been partly proved. The other 6 remaining charges, were held not to have been proved. The enquiry report was thereafter placed before the Disciplinary Authority, which, while confirming the report of the Enquiry Officer, omitted charge No. 8 holding that the same had not been proved either fully or partly.
(3.) On the basis of his findings the Disciplinary Authority removed the respondent No. 1 from the service of the U.P. Co-operative Spinning Mill Federation Limited by his order dated 9th May, 1996. The order of his removal was challenged by the respondent No. 1 before the Appellate Authority after three years on 7th July, 1999. The said appeal filed by the respondent No.1 was ultimately dismissed on 11th July, 2000.;