- (1.) Leave granted.
(2.) This appeal is preferred by the appellant questioning the judgment of the High Court of Allahabad dated 10-12-97 (Lucknow Bench) which reversed the Judgment of the Administrative Tribunal III, Lucknow in claim No. 686 of TIII of 1977 dated 3-12-80.
(3.) The appellant was working in the respondent Corporation as Senior Accountant from 27-7-1970. On 17-7-1973, he was appointed as Branch Manager and posted at the Meerut Division of the respondent Corporation and transferred to various places. He was posted at Faizabad as Branch Manager on 3-10-1975 and while he was working there, he received a letter dated 12-1-1976 from the Managing Director on 15-1-1976 alleging that one person by name Jai Chandra Lal complained that the appellant had fraudulently taken Rs. 2000/- from him and that the appellant should therefore offer his explanation. The appellant denied the allegation and submitted his explanation on 22-1-1976. Thereafter no disciplinary inquiry was conducted nor any oral inquiry in the presence of the appellant was conducted. It appears that a report dated 22-1-1976 was submitted by one Sri Ram Pal Singh, General Manager (Fertiliser) without issuing any Charge Memo or giving hearing. Copy of the report was also not given to the appellant. Thereafter, on 23-1-1976, a simple order of termination was passed stating that the appellant had been appointed as Branch Manager by order dated 17-7-1973, and Condition No. 3 of the appointment order provided that the services of the appellant could be terminated at any time, after giving one month's notice or one month's pay in lieu thereof and that his services were being terminated with immediate effect in terms of the aforementioned Condition No. 3 of the appointment order. It was stated that the appellant could obtain one month's pay from the General Manager (Fertiliser), Lucknow.;