Siddharth, J. - (1.) Heard Sri Munna Kumar Singh, learned counsel for the petitioner and Sri Tej Narain Tiwari, learned counsel for the respondents.
(2.) This writ petition has been filed by the petitioner, praying for quashing of the order dated 27.05.2016, passed by the Secretary, District Whole Sale Central Consumer Cooperative Store Limited, Deoria, whereby his services were terminated from the post of In-charge, Kerosene Oil Depot, District Whole Sale Centre Consumer Cooperative Store Limited, Deoria.
(3.) The brief facts of the petition are that the petitioner, while working as Depot In-charge of Kerosene Oil Depot, District Whole Sale Central Consumer Cooperative Store Limited, Deoria, during financial year 2011-2012, 2012-2013, was alleged to have defalcated a sum of Rs.26,40,937.93. On the basis of preliminary enquiry, he was found guilty of the aforesaid charge and regular disciplinary proceedings were ordered. Two First Information Reports, one, dated 11.08.2013, under Section 3/7 Essential Commodities Act and the other dated 14.08.2013, under Section 419 I.P.C., were lodged by the Secretary, District Whole Sale Central Consumer Cooperative Store Limited, Deoria, respondent no.7 against the petitioner. One retired Accountant, Sri Jagdish Narayan Upadhyaya was appointed Enquiry Officer by the respondent no.7 by his order dated 29.06.2011. The petitioner was suspended from service on 21.06.2013 and departmental charge sheet was issued to him on 18.01.2014 to which he submitted his reply on 01.02.2014. He requested the enquiry officer to permit him to cross-examine the witnesses and to peruse the record i.e., cash book, stock book, vouchers, ledger, balance sheet, proceedings register, etc., for preparing his defence is but the enquiry officer submitted his enquiry report dated 27.07.2013. The petitioner surrendered and was sent to jail on 18.02.2014 and was finally released on bail by this Court on 13.04.2016. By the impugned punishment order dated 27.05.2016, the petitioner was terminated from service.;