S.U.KHAN,J. - (1.) HEARD Sri Triloki Nath, learned counsel for the petitioner and Sri Ashok Kumar Lal, learned brief holder of Sri R.K. Gupta, learned counsel, who had filed vakalatnama on behalf of the respondent No.2 on 24.05.2009.
(2.) THIS writ petition is directed against termination order dated 17.05.2004 passed by Member Secretary Administrative Committee/District Assistant Registrar Cooperative Societies U.P. Budaun terminating the services of the petitioner, who was Secretary Musiya Kasba Sadhan Sahakari Samiti Limited Block Bisauli District Budaun. Petitioner was a member of Centralized Service and his services were governed by U.P. Primary Agricultural Cooperative Credit Societies Centralized Service Regulations. Petitioner's services were terminated on the ground that he had embezzled lacs of rupees. Prior to passing of the termination order, charge sheet was given to the petitioner. The main ground of challenge to the termination order is that earlier also almost on the same charges petitioner was dismissed from service by the same authority on 28.02.2000/01.03.2000 and the said dismissal order was set aside by Regional Administrative Committee in appeal through order dated 06.08.2003. Learned counsel for the respondents raised a preliminary objection that just as earlier petitioner had filed appeal against his previous termination order, similarly this time also he should have filed appeal instead of directly approaching the High Court through writ petition. The reply of learned counsel for the petitioner was that earlier Regional Administrative Committee had allowed his appeal, hence the second order of dismissal on the same charges is utterly without jurisdiction and petitioner can very well approach the High Court directly.
(3.) AS counter-rejoinder affidavits have been exchanged and parties have been heard on merit at length, hence I do not propose to dismiss the writ petition on the ground of alternative remedy. Moreover in view of the allegation of the petitioner that District Assistant Registrar utterly flouted the earlier order of Regional Administrative Committee dated 06.08.2003 and passed fresh termination order almost on the same charges it is not appropriate to dismiss the writ petition on the ground of alternative remedy of appeal. It is quite strange that in the impugned dismissal order, there is absolutely no mention of earlier proceedings and order of Regional Administrative Committee dated 06.08.2003. Counter affidavit was filed by Sri Ashok Kumar Saxena, Cadre In-charge of PACS in District Cooperative Bank Ltd. Budaun. In Para-8 it has been stated that petitioner embezzled more than Rs.25 lacs from the assets of Musiya Nagla Sadhan Sahkari Samiti Ltd and the documents of the Society were not available and in case the documents had been made available, embezzled amount could go upto Rs.50 lacs. Paras 17 and 18 of the counter affidavit are quoted below: "17. That the contents of paras 14, 15 and 16 of the writ petition are matter of the records, however it is stated that on this occasion he has availed the provisions of appeal because he has motivated the then Deputy Registrar Cooperative Societies Sri B.D. Mishra in his favour. 18. That the contents of para 17 of the writ petition are misconceived hence denied and in reply it is stated that a fresh enquiry initiated by the Regional Administrative Committee has not been annexed for reason best known to the petitioner. However, it is stated here that B.D. Mishra the then Deputy Registrar Coop. Societies was in collusion with the petitioner, consequently he has passed the order in question dated 6.8.2003 which is not tenable in the eye of the law and need not be taken into consideration." ;