JUDGEMENT
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(1.) Petitioner is an employee of Sadhan Sahkari Samiti Ltd., Mahogarhi, District Mirzapur. He was dismissed from service by a resolution of the Co-operative Society, dated 1.7.1998. It seems that a Writ Petition No.38336 of 1999 was filed by the petitioner, challenging an order of suspension passed against the petitioner on 12th May, 1998. No disclosure was made in the writ petition about the resolution already passed against the petitioner on 1.7.1998, whereby he had been dismissed from service. Since the writ petition was filed against the order of suspension dated 12.5.1998 by concealing the fact about passing of the subsequent order of removal from service, this Court in a fresh petition disposed of the writ petition by making following observations on 28.9.1999:-
"The petitioner has been suspended by order dated 12.5.98. I am not inclined to interfere with the suspension order at this stage. Learned counsel for the petitioner contended that the charge of embezzlement has been levelled against the petitioner while the petitioner was confined to bad as he met with a serious accident and he was admitted in the hospital. However, these questions can be raised by the petitioner in the disciplinary proceedings before the enquiry officer. The learned counsel for the petitioner further urged that through he has been suspended by the respondents on 12.5.98 but his subsistence allowance has not been paid to him. This writ petition is finally disposed of with a direction to the respondents to conclude the enquiry proceedings within a period of four months from the date a certified copy of this order is produced before the concerned respondents. The respondents are further directed to pay the entire subsistence allowance to the petitioner within a period of one month from the date a certified copy of this order is produced before the concerned respondents and shall go on paying subsistence allowance to the petitioner till the disciplinary proceedings are finalised by the respondents."
(2.) It appears that petitioner also submitted some representation before the Deputy Registrar, Co-operative Societies, Varanasi, and upon some instructions issued by him, an enquiry report was submitted by the Additional District Co-operative Officer on 29th May, 2004. Petitioner thereafter filed another Writ Petition No.51857 of 2014, which was disposed of on 3rd November, 2014 by following orders:-
"Heard learned counsel for the petitioner and learned Standing Counsel.
The petitioner has been terminated on 1.7.1998. Against the order of termination, he has approached the Deputy Registrar, Cooperative Societies under Section 128 of the U.P. Cooperative Societies Act, 1965. In the meantime, an enquiry was conducted by the Chief Development Officer and a report has been submitted before the Deputy Registrar on 29.5.2004. Submission is that the representation before the respondent no. 6 is pending consideration.
Sole prayer of the petitioner is that respondent No.6 be directed to consider the enquiry report dated 29.5.2004 which is annexure 1 to the writ petition.
Sri. Sujeet Kumar Rai, learned counsel for respondent no. 3 and learned Standing Counsel have no objection to the prayer made by the petitioner.
In view thereof, the writ petition is being disposed of with a direction to the respondent No. 6 to take a decision on the representation moved by the petitioner taking into consideration the enquiry report dated 29.5.2004 submitted by the Additional District Cooperative Officer, Enquiry Officer, District Mirzapur, expeditiously preferably, within three months from the date of production of a certified copy of this order before him."
(3.) In furtherance of the directions issued by this Court, the Deputy Registrar exercising his powers under Section 128 of the Act has rejected the representation of the petitioner vide his order dated 11th March, 2015. Aggrieved by this order, the petitioner has filed the present writ petition.;
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