Sudhir Agarwal, J. - (1.) HEARD Sri A.B.L. Gaur, learned counsel for the petitioner and Sri Abishek Mishra holding brief of Sri K.N. Mishra learned counsel for the respondent. This writ petition is directed against the order dated 31.7.1996, whereby punishment of dismissal has been given to the petitioner after alleged departmental enquiry conducted against him in the matter of certain charges relating to embezzlement and absence etc.
(2.) IT is contended that no oral enquiry has been held by the Enquiry Officer/Enquiry Committee and merely for the reasons that the petitioner could not attend proceeding before the committee on the date fixed. Enquiry Committee/Officer submitted report and thereupon the impugned order of punishment has been passed. Learned counsel for the respondent submitted that disciplinary authority had given opportunity of hearing to the petitioner and therefore, it cannot be said that adequate opportunity of defence was not given.
(3.) ADMITTEDLY , conditions of services of petitioner is governed by U.P. Co -operative Societies Employees Service Regulations, 1975 (for short "the Regulations, 1975"), framed in exercise of power under Section 122A of the U.P. Co -operative Societies Act, 1965 (for short "Act, 1965"). Regulation 85 of.;