Yashwant Varma, J. - (1.) Heard Sri Mahendra Pal Singh learned counsel for the petitioner, Sri Suresh Singh, learned counsel who appears for the respondent No.2 and the learned standing counsel who appears for all the other respondents.
(2.) This writ petition as initially framed sought a mandamus commanding the respondents to take work from the petitioner and pay his salary. This claim itself was laid consequent to the engagement of the petitioner as a "Kurk Amin" with the respondent co-operative society on a temporary basis in terms of an order dated 6 April 1987. The petitioner was supposed to effect recoveries of dues payable to the co-operative society and was consequent and in correlation to the recoveries effected entitled to a commission. On 25 May 2000, a charge sheet came to be issued against the petitioner calling upon him to explain his stand with respect to the charges levelled therein. The petitioner is stated to have submitted a reply. The respondents in their counter affidavit have taken the stand that the charge sheet dated 25 May 2000 was sent under registered cover but the petitioner submitted no response. The District Magistrate is thereafter stated to have passed orders for the charge sheet and notice of disciplinary proceedings to be published in the newspaper. On 3 July 2000 pursuant to a representation made by the petitioner, a copy of the charge sheet is stated to have sent under registered cover again to the petitioner. The respondents in their counter affidavit have disclosed that the services of the petitioner were ultimately dispensed with on 3 August 2000.
(3.) Sri M.P. Singh, learned counsel appearing in support of the writ petition has contended that it was only when the order dated 3 August 2000 was brought on record by way of a counter affidavit that the petitioner for the first time acquired knowledge of his dismissal. Accordingly and by way of an amendment application which has since been allowed, the petitioner sought quashing of the order dated 3 August 2000.;