Sunil Ambwani, J. - (1.) Petitioner Chandrabhan Shukla while working as Seasonal Clerk as Sachiv,' Sahkari Garma Vikash Samiti Limited, Ramkola (P) was served with show-cause notice on 7.12.1989 levelling specific charges of issuance of excess supply of tickets than the prescribed limit.
(2.) The petitioner submitted a reply on 20.12.1998 specifically stating that he has not committed any irregularity. In respect of Sri Pawan he stated that after the Cane Supervisor prepared the account of Sri Pawan and the report of credit was prepared he stopped issuing purchi. In respect of Sri Rajesh Kumar he stated that the account of 56 trolly was prepared in which 53 purchies were issued whereas old balance was about Rs. 53,000/-. and in respect of Sri Shiv Saran it was found that remaining purchase was not adjusted and that the applicant was not informed about this any further. The petitioner made an application on 17.1.1990 that he cannot fully and eventually replied to the charges and that the copy of the enquiry report has not been given to him, and prayed for copy of report of the inquiry officer. He was given an opportunity of personal hearing on 17.1.1990. Date for hearing was fixed. The Zila Ganna Sahkari Samiti for the Society found the charges established and found that he was rightly kept in category "B". The petitioner filed an appeal which was dismissed on 8.1.1991. The petitioner has challenged the orders dated 9.3.1990 and 8.1.1991, which were stayed by interim order passed on 5.3.1991. Thereafter the petitioner was allowed to join his service and has retired. It was made clear in the interim order that the authority shall be at liberty to proceed in accordance with law.
(3.) I have heard learned Counsel for the petitioner. Regulation 27 in Chapter IV of the U.P. Cane Co-operative Service Regulation, 1975, provides for disciplinary proceedings. The inquiry sought to be made is summary in nature and must be concluded expeditiously. Regulation 27 provides that in the event of a complaint the Secretary of the Union shall make a preliminary inquiry and in case a prima facie case is established against the person concerned, he shall intimate the same to him in the form of charges and call for his explanation, and upon examining the explanation he shall submit final report, with his recommendations to the Committee of Management of the Union for passing final orders in the case.;