R.K.Mahajan, J. - (1.) This is a writ petition filed by the petitioner seeking a writ, order or direction in the nature of certiorari quashing the impugned order dated 30-8-1915 (Annexure-3 to the writ petition) whereby the services of the petitioner were terminated. The petitioner also seeks a writ, order or direction in the nature of mandamus commanding the Respondents Nos. 1 to 3 to treat the petitioner as in service as Account with Respondent No. 3 and to pay the salary of the petitioner from March 1983 to may 1984 and of August 1985 and continue to pay his salary month during the pendency of the petition.
(2.) The petitioner was appointed on 16-12-1985 as Accountant with the respondent No. 3, Badosa Kshetriya Sahkari Samiti Ltd,, Badosa, district Banda and according to the petitioner, he has been performing his duties satisfactorily and nothing has been communicated adverse to him. The petitioner's grievence is that he has been terminated without conducting any enquiry under Regulation 85 of the U. P. Co-operative Societies Employee's Service Regulations, 1975 (hereinafter referred to as the Regulations) framed under the U. P. Co-operative Societies Act, 1965. It is alleged that without conducting the enquiry, the punishment of termination could not have been inflicted under Regulation 84 of the aforesaid regulations framed under the Act. It is further averred that on 10th September, 1985, the petitioner has received an order dated 30th August, 1985 whereby he had been terminated on account of embezzling the amount and the termination order is thus void. It is also averred that the termination order is bad as no opportunity was given to him to defend and the approval of the Board was not taken as prescribed under the Regulations.
(3.) On behalf of the respondents, counter affidavit of Sri Dwarika Prasad Srivastava has been filed refuting the allegations made in the win petition. The petition is taken up in revised list. However, none appears for the respondents. We have heard Sri Prabhat Agarwal, learned counsel for the petitioner. Having heard the learned counsel for the petitioner and perused the petition, we are of the view that in this case there is violation of Regulation 85 regarding not giving opportunity to defend the petitioner. In this context, we would like to quote Regulations 84 and 85 with advantage as under ;- "84. Penalties. (i) Without prejudice to the provisions contained in any other regulations, an employee who commits a breach of duty enjoined upon him or has been convicted for criminal offence under Section 103 of the Act or does anything prohibited by these regulations shall be liable to be punished by any one of the following penalties :- (a) censure. (b) withholding of increment. (c) fine on an employee of Category IV (Peon, Chaukidar etc.). (d) recovery from pay or security deposit to compensate in whole or in part for any pecuniary loss caused to the co- operative society by the employee's conduct, (e) reduction in rank or grade held substantively by the employee. (f) removal from service, or (g) dismissal from service. (ii) Copy of order of the punishment shall invariably be given to the employee concerned and entry to this effect shall be made in the service of record of the employee. (iii) No penalty except censure shall be imposed under a show-cause notice has been given to the employee and he has either failed to reply within the specified time or his, reply has been found to be unsatisfactory by the punishing authority. (iv) (a) The charge-sheeted employee shall be awarded punishment by the appropriate authority according to the seriousness of the offence : Provided that no penalty under sub-clauses, (e), (f) or (g) of clause (i) shall be imposed without recourse to disciplinary proceedings. "85- Disciplinary proceedings. (i) The disciplinary proceedings against an employee shall be conducted by the Inquiring Officer (referred to in clause (vi) below) with the observance of the principles of natural justice for which it shall be necessary that : (a) the employee shall be served with a charge sheet containing specific charges and mention of evidence in support of each of charge and he shall be required to submit explanation in respect of the charges within reasonable time which shall not be less than fifteen days ; (b) such an employee shall also be given an opportunity to produce at his own cost or to cross-examine witnesses in his defence and shall also be given an opportunity of being heard in person, if he so desires ;...............";