- (1.) D. S. Sinha, J. This petition, under Article 226 of the Constitution of India, is directed against the order dated 6th January, 1986 whereby peti tioner has been dismissed from the post of Secretary, Atma Nirbhar Sadhan Sahkari Samiti Limited, Nasiti, district Mathara.
(2.) SRI R. P. Goyal, learned counsel for the petitioner, urged that the impugned order was bad inasmuch as it was passed in violation of the provisions contained in Regulation 85 of the U. P. Co-operative Societies Employee's Service Regulations 1975, (hereinafter called the Regulations ). The petition was filed on 28th January, 1986 and was admitted on 28th August, 1986. But in spite of lapse of interminable period of more than 10 years the respondents have not cared to file any counter- affidavit. Thus, the averments contained in the petition stand uncontroverted and have to be taken, prima facie correct. In the petition, the petitioner has asserted that no disciplinary proceeding against him under Regulation 85 of the regulations, which was a condition precedent for inflicting upon him the punishment of dismissal from service, was taken.
(3.) DURING the course of hearing Sri R. C. Yadav, learned standing counsel representing the respondents, sought to justify the passing of the impugned order without holding disciplinary proceedings on the ground that the petitioner was an absconder, and clause (b) of sub-regulation (ii) of Regulation 85 permitted the competent authority to award to the petitioner the punishment of dismissal without taking any disciplinary proceeding. Sub-regulation (ii) of Regulation 85 which deals with the circum stances when the competent authority may award appropriate punishment without taking or continuing disciplinary proceedings is as follows : " (ii) (a) Where an employee is dismissed or removed from service on the ground of conduct which has led to his conviction on a criminal charge ; or (b) Where the employee has absconded and his whereabouts are not known to the society for more than three months; or (c) Where the employee refuses or fails without sufficient cause to appear before the Inquiring Officer when specifically called upon in writing to appear ; or (d) where it is otherwise (for reasons to be recorded) not possible to communicate with him, the competent authority ma y award appropriate punishment with out taking or continuing disciplinary proceeding. ";