Kamleshwar Nath, J. - (1.) The petitioner Gan a Prasad Misra, clerk-cum-cashier of District Co-operative Bank Ltd., Barabanki was removed from service by order dated 25-11-1983, contained in Annexure-I to the writ petition. This is an application to stay operation of that order.
(2.) A charge-sheet dated 14-12-1979, Annexure-6 to the writ petition, on 13 heads of charges, including Charges Nos. 1 to 4 and 13 relating to criminal offences was served upon the petitioner. He submitted a reply on 9-12-1980, Annexure-7 to the writ petition. The Enquiry officer submitted his report, finding certain charges to be proved. The Administrative officer gave a second show cause notice dated 23-4-1981, Annexure-5-4 to the supplementary counter affidavit, along with a copy of enquiry report, to the petitioner to show cause. No further reply was submitted by the petitioner. Ultimately, the Administrative Officer passed the impugned termination order.
(3.) The short point in this application in that after the petitioner had submitted his reply dated 9-12 1980, Annexure-7, no enquiry whatsoever, was held by Enquiry officer. It is said that no opportunity of cross-examining the departmental witnesses, producing defence witnesses, or of personal hearing, was given to the petitioner.;