R N SRIVASTAVA Vs. U P CO-OPERATIVE SPINNING MILLS FEDERATION B-2 SARVODAYA NAGAR KANPUR AND
LAWS(ALL)-2000-1-10
HIGH COURT OF ALLAHABAD
Decided on January 24,2000

R N SRIVASTAVA Appellant
VERSUS
U P CO-OPERATIVE SPINNING MILLS FEDERATION B-2 SARVODAYA NAGAR KANPUR AND Respondents

JUDGEMENT

- (1.) HEARD learned Coun sel for the parties. 2, The petitioner was appointed as spinning master in Sant Kabir Sahkari Katai Mills Ltd. , Maghar, Basti vide ap pointment letter dated 25-2-1998. True copy of the minutes of resolution and ap pointment are Annexures 1 and 2 to the petition. Thereafter he was transferred to various mills and he was given additional charge of Secretary/general Manger of Mau Aima Mill on 23-6-1993 vide Annexure 6 to the petition. He has alleged that he was given commendation certifi cate. However, subsequently he was suspended by the letter dated 24-8-1996 on the basis of the inspection note vide Annexure 9-A and he was charge-sheeted by letter dated 2/3-9-1996 vide Annexure 10 to the petition. Thereafter an enquiry was held and he was removed from service by the impugned order dated 2-11-1996 Annexure 20 to the writ petition. Hence this petition. 3. The finding of guilt is a finding of fact we cannot interfere with the same in writ jurisdiction. It has been found that the petitioner committed various ir regularities as stated in the order dated 2-11-1996. It has been found that the petitioner acted in the interest of private supplier for facilitating them in the supply of inferior quality of cotton and thus he harmed the interest of the Mill and it was also found that the cotton was consumed without submission of samples which resulted in the consumption of inferior quality cotton causing losses to the mill. Due to the petitioner's misconduct the Mill suffered a loss of more than Rs. 40,00,000 on account of supply of inferior quality of cotton by the supplier. These are finding of fact and we cannot interfere with them in writ jurisdiction. Hence we are not inclined to exercise our discretion under Article 226 of the Constitution. The petition is dismissed. Petition dismissed. .;


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