B. Amit Sthalekar, J. - (1.) THE petitioner is seeking quashing of the order dated 9.4.1991 whereby he has been dismissed from service and the order dated 2.3.1996 whereby the order of removal has been approved by the Member Secretary, Sambhagiya Prashasanik Committee and Kshetriya Up Maha Prabandhak, U.P. Cooperative Bank Ltd. Agra Mandal, Agra.
(2.) BRIEFLY stated the case of the petitioner is that he was posted in Atma Nirbhar Sahkari Samiti Ltd. Moiuddinpur Block Navjhil District Mathura and he joined on 5.3.1978. On 13.4.1987 he was placed under suspension and was also paid subsistence allowance. On 9.4.1991 by the first impugned order he was removed from service. The petitioner preferred a departmental appeal on 10.6.1991 and also filed W.P. No. 14495 of 1995 and the High Court by its order dated 8.8.1991 stayed the operation of the order of termination and observed that the petitioner shall be treated to be under suspension until further orders. Subsequently, by an order dated 31.7.1995 the writ petition was dismissed on the ground of alternative remedy and a direction was issued that the appellate authority shall decide the departmental appeal of the petitioner within six months. The Regional Administrative Committee (the Appellate Committee) by its resolution dated 2.3.1996 has dismissed the appeal and approved the termination of the petitioner. By an order dated 5.3.1998, the writ petition was dismissed and the interim order, if any, was vacated on the ground that the petitioner had admitted his guilt of embezzlement. The petitioner filed Civil Appeal No. 266 of 1999 and the Supreme Court set aside the order of the High Court dated 5.3.1998 and remitted the matter for rehearing by order dated 17.4.1996. On 5.4.1996 the petitioner moved an application before the Regional Administrative Committee stating that after the order was passed by the High Court on 31.7.1995 notices were sent to the petitioner by registered post regarding fixing of date but the petitioner never appeared before the appellate authority with the necessary documents and in any case no hearing took place on that date and it was informed that whenever a next date is fixed the petitioner shall be given information. The last date of hearing was fixed on 23.2.1996. The petitioner was never given any information about this date and thereafter by the order dated 2.3.1996 the departmental appeal of the petitioner was dismissed. The contention of the petitioner is that the orders impugned in the writ petition are liable to be quashed inter -alia on the ground that the first information report was lodged on 20.2.1987 and on the same charges departmental proceedings were started and therefore the departmental proceedings were without jurisdiction. The next ground taken is that the petitioner was placed under suspension on the basis of the F.I.R. being lodged against him and charge sheet was given on 5.4.1988 and termination order was passed on 10.4.1991. The charge sheet was submitted by the enquiry officer which was not approved by the appointing authority. The other ground taken is that alongwith the charge sheet necessary documents were not given to the petitioner and the enquiry report was also not communicated to him and therefore he could not submit an effective reply to the same and therefore the dismissal order stood vitiated. The other ground taken is that when the matter was being heard by the Appellate Committee, the petitioner appeared before the Committee with essential documents but the same were not accepted. The next date was never informed to the Court and thereafter by an order dated 2.3.1996 the appeal was rejected. The appellate order is a non speaking order and no reasons have been given for rejecting the same. The petitioner is also stated to have demanded a copy of the resolution dated 2.3.1996 but the same was never provided to him.
(3.) A supplementary affidavit has been filed on behalf of the petitioner in which the facts of the writ petition have been repeated. Another supplementary affidavit dated 21.7.2005 has been filed bringing on record the charge sheet issued to the petitioner on 5.4.1988.;