JUDGEMENT
S.P.Mehrotra -
(1.) -This writ petition has been filed under Article 226 of the Constitution of India, inter alia challenging the suspension order dated 27.5.2002 (Annexure-2 to the writ petition) passed by Managing Director, Kisan Sewa Sahkari Samiti Limited, Kayamganj Daskhini, Farrukhabad.
(2.) IT is inter alia, alleged by the petitioner that the petitioner was initially appointed on the post of 'Ankik' on compassionate ground in place of his deceased father who died in Harness. The petitioner had joined the post of 'Ankik' on 19.11.2000, and since then the petitioner has been performing his duty with loyalty and efficiency, and that the petitioner is class IIIrd employee working in the Kisan Sewa Sahkari Samiti Limited, Kayamganj Dakshini, Farrukhabad and that a show cause notice was issued on 17.5.2002 ; and that without ensuring service of the said show cause notice dated 17.5.2002 on the petitioner, the respondent No. 2 passed the impugned order dated 27.5.2002 ; and that the petitioner has made a representation through appropriate channel before Assistant Registrar, Co-operative Society, U. P., Fatehgarh, district Farrukhabad (respondent No. 1) on 25.7.2002.
Thereafter, the petitioner has filed this writ petition, inter alia, challenging the said suspension order dated 27.5.2002.
I have heard Sri Ram Mohan, Advocate, holding brief for Sri Neeraj Tripathi, learned counsel for the petitioner, Sri K. M. Mishra, learned counsel for the respondent Nos. 2, 3 and 4 and learned standing counsel appearing for the respondent No. 1.
(3.) SRI Ram Mohan submits that the suspension order passed by the respondent No. 2 is illegal.
In reply, Sri K. M. Mishra, learned counsel appearing for respondent Nos. 2, 3 and 4 submits that the petitioner has got an alternative remedy under Section 128 of the U. P. Co-operative Societies Act, 1965, and as such, this writ petition is liable to be dismissed on the ground of availability of alternative remedy to the petitioner.;
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