SANTOSH KUMAR AWASTHI Vs. U P CO-OPERATIVE INSTITUTIONAL SERVICE BOARD U P LUCKNOW
LAWS(ALL)-2008-3-4
HIGH COURT OF ALLAHABAD
Decided on March 13,2008

SANTOSH KUMAR AWASTHI Appellant
VERSUS
U P CO-OPERATIVE INSTITUTIONAL SERVICE BOARD U P LUCKNOW Respondents

JUDGEMENT

- (1.) THE petitioner is a Junior Branch Manager in District Co-operative Bank Ltd, Jhansi (the Bank ). He was posted in Jhansi Branch and was overall In-charge of the same. A charge-sheet dated 27. 2. 2001 levelling 7 charges was served upon him. The petitioner asked for certain documents to be supplied to him by his letter dated 14. 7. 2001 and 13. 7. 2001. According to the petitioner, the documents mentioned therein were not given to him and as explanation was repeatedly asked he submitted his reply on 21. 8. 2001 from memory. The petitioner was supplied some documents on 29. 8. 2001 and thereafter the Inquiry Officer submitted his report on 30. 8. 2001. The petitioner was given show cause notice on 4. 9. 2001. The petitioner submitted his reply and again asked for the documents some more documents were given but he was dismissed on 10. 11. 2001. The petitioner filed a representation before the Deputy Registrar under section 128 of the U. P. Co-operative societies Act. This was dismissed on 18. 3. 2003. Hence the present writ petition.
(2.) WE have heard Counsel for the petitioner and Sri K. N. Misra for the respondents.
(3.) THE petitioner had asked for the documents by his letter dated 14. 7. 2001 and 13. 7. 2001. Some of these documents were supplied to him on 29. 8. 2007. No date thereafter was fixed for evidence. On the very next date, the inquiry report was submitted. The petitioner again asked for these documents in pursuance of this show cause notice. As a matter of fact, the respondent ought to have given the documents and thereafter should have fixed date for submitting his explanation. Then a date ought to have been fixed for the evidence of the petitioner. This has not been done. In view of this, the inquiry is against the principle of natural justice. The order dated 18. 8. 2003, 10. 11. 2001 and the inquiry report dated 30. 8. 2001 is set aside.;


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