Sudhir Agarwal, J. - (1.) Heard Sri P.N. Saxena, learned Senior Advocate, assisted by Sri Amit Saxena, Advocate, for petitioner and learned Standing Counsel for respondents.
(2.) This writ petition under Article 226 of Constitution has been filed by sole petitioner, Ramesh Chandra Gautam, assailing order dated 01.04.1999 and seeking a writ of certiorari for quashing the same. The said order has been passed by Managing Director, Central Dairy Farm, U.P. Pashudhan Udyog Nigam Limited, Aligarh (hereinafter referred to as "Nigam") imposing punishment of dismissal upon petitioner.
(3.) The facts, in brief, giving rise to present Writ Petition are that Central Dairy Farm, Uttar Pradesh Pashudhan Nigam Limited is State Government Company registered under Companies Act, 1956 (hereinafter referred to as "Act, 1956") and is an instrumentality of State, hence it is 'State' within the meaning of Article 12 of Constitution. It was incorporated in 1975. Petitioner was working in Animal Husbandry Department of U.P. Government but transferred to Nigam and became its employee. Nigam had monopoly business in manufacture and sale of meat products in Northern India. It started running in loss since 1996 and consequently various Sale Depot in Cities of Northern India were closed gradually. Respondent-4, Sri A.N. Singh, Assistant Sales Manager, was holding charge of Office of Managing Director of Nigam. He transferred petitioner from Aligarh to Nigam's Depot at Connaught Place, New Delhi by order dated 03.06.1997. The Sale Depot at New Delhi was already closed and petitioner was having an official quarter at Aligarh which would have been denied to him on his joining at New Delhi. He made a representation to Managing Director, requesting for cancellation of order of transfer. By order dated 25.07.1997, Sri S.N. Dubey, who was holding office of Managing Director on 25.07.1997 cancelled order of transfer. The said order though was signed and prepared by Sri S.N. Dubey, holding Office of Managing Director, but as a matter of fact was not issued by Office of Nigam and and it could be issued only on 16.08.1997. Since petitioner was aware of order dated 25.07.1997 that his transfer has been cancelled, his attendance was recorded in attendance register at Aligarh thereafter regularly. Though petitioner was permitted to sign attendance register but salary was not paid. Subsequently by letter dated 24/26.06.1998, respondent-4 called upon petitioner to explain why he did not comply with the order of transfer dated 03.06.1997 and also stating that cancellation order dated 16.08.1997 has no legal consequences since it was signed by a person who ceased to be Managing Director on 25.07.1997. Petitioner submitted explanation vide letter dated 29.06.1998. Thereafter, respondent-4, who again became In-charge Managing Director, without any inquiry and without giving opportunity of hearing to petitioner, passed an order of dismissal on 01.04.1999. Petitioner then filed an appeal before Chairman of Nigam vide appeal/representation dated 17.04.1999. A reminder to Appellate Authority was also given on 10.05.1999 with request to decide the said appeal. In the meantime, State Government had already taken a decision to close down Nigam and retrench its employee, vide Government Order dated 31.12.1998. Therefore subsequent order of dismissal passed on 01.04.1999 by respondent-4 in exercise of power as Managing Director is patently illegal. Retrenchment notice was published on 31.07.1999 but since respondent-4 passed order of dismissal of petitioner on 01.04.1999, therefore petitioner's name was not included in the list of retrenched employees. It is said that impugned order of dismissal is patently illegal having been passed on account of mala fide, without holding any inquiry, in utter violation of principles of natural justice and also when Government had already taken a decision to close down Nigam and retrench its employees.;