R.K.Mahajan, J. - (1.) The order in this writ petition will also dispose of the writ petition No. 14426 of 1986 Arvind Kumar and another v. Muzaffarnagar Paschmi Kisan Sewa Samiti Sahkari Limited, Muzaffarnagar and others. as the matter is covered by the Division Bench judgment dated 2-11-1995 in writ petition No. 3625 of 1994 and the common question of law is involved in these writ petitions.
(2.) The facts would be discussed separately. In Ram Nihore's case the petitioner seeks a writ, order or direction in the nature of certiorari quashing the impugned order dated 25-2-1985 passed by the respondent No. 1 contained in annexure No. 5. He further seeks a writ, order or direction in the nature of mandamus directing the respondents not no interfere in any manner with the working of the petitioner as Secretary of the society and the respondents be also directed to pay salary of the petitioner from the month of October, 1985. The petitioner was appointed as Secretary, Cooperative Societies vide annexure No. 1 in pursuance of public advertisement issued and written test and interview held vide order dated 29-10-1976. The petitioner was transferred on 16-8-1985 from one co-operative society to other vide annexure No. 2 and later on vide annexure No. 3 the petitioner was attached to the Headquarters. It is alleged that the petitioner has been given letter of appreciation on 6-7-1989 in respect of 100% recovery for the year 1988-89. The petitioner's case in nutshell is that the petitioner was working Secretary since 5-8-1987 and his name stands at S. No. 60 in the order dated 22/23-3-1983 (annexure No. 7 to the writ petition) and later on his services were terminated on 25-3-1986 (annexure No. 5 to the writ writ petition) by one individual i e., Member Secretary/District Assistant Registrar and not by the Administrative committee arbitrarily and illegally. It is further contended by the petitioner's counsel Shri R. G. Padia that no opportunity has been given before terminating the services. It is also contended that one month notice or salary in lieu thereof was not paid and as such termination is void ab initio. It has been also contended by him that his appointed is permanent in seniority list and he could have been only terminated after following fair procedure of enquiry or in accordance with the regulations framed under Co-operative Societies Act, 1978 (hereinafter referred to as the Act of 1978). It is also contended that there is violation of Regulation 58 of Act of 1978. It appears that no counter affidavit has been filed in this writ petition.
(3.) In the connected writ petition i. e., writ petition No. 14426 of 1986 Arvind Kumar and other v. Muzaffarnagnr Paschimi Kisan Sewa Samiti Sahkari Limited, the petitioners also seek a writ, order or direction in the nature of mandamus commanding the opposite parties to treat the orders dated 31-7-1986 (annexures Nos. 3 and 4 to the writ petition) as null and void and not to enforce them and not to interfere with the working of the petitioners as salesmen. Petitioner No. 1 Shri Arvind Kumar was appointed as salesman vide resolution dated 18-3-1988 by the Committee of Management of the Society and which was duly approved by Zila Sahaik Nibandhak, Muzaffarnagar vide letter dated 1-4-1985 and he has been working up to 31-7-1986 tiil the date of his termination by the respondent No. 3 i. e., Managing Director.;