Per SUDHIR NARAIN, J. - (1.) This writ petition is directed against the order dated 4/09/1989 passed by the District Administrative Committee (Co-operative Societies), Basti, respondent No. 1, terminating the services of the petitioner.
(2.) The petitioner was working as Secretary, Sadhan Sahkari Samiti, Bargaon. District Basti. The Administrative Committee took disciplinary proceedings against him on the charges of misappropriation of funds of the Samiti and passed order of suspension on 16/03/1988 and attached him with Head Office of the Samiti. It appointed Additional Co-operative Officer, Khafllabad as Enquiry Officer. The Enquiry Officer is alleged to have sent charge-sheet to the petitioner. As the petitioner aid not appear berore the hnquiry Officer, the proceedings were taken ex pane against him. The Enquiry Officer submitted report stating that the charges against the petitioner have been proved. Respondent No. 1 acting upon the report of the Enquiry Officer passed a resolution on 28/08/1989 to terminate the services of the petitioner. The Secretary, Administrative Committee communicated the decision of the Administrative Committee on 4/09/1989 to the petitioner. This order has been challenged in the present writ petition.
(3.) Sri B.N. Asthana, learned senior counsel for the petitioner, urged that the petitioner was not served with any notice alleged to have been sent by the Enquiry Officer to the petitioner and, therefore, he could neither put his defence before him nor lead evidence to show that the charges against him were totally false. The question as to whether the petitioner was served with a notice or not involves question of fact. The petitioner had alternative remedy of filing appeal before the appellate authority under Regulation 60 on U.P. Primary Agricultural Co-operative Credit Societies Centralised Service Regulations, 1978.;