- (1.) The petitioner was appointed as Gurad in 1963 in District Co-operative Bank Ltd., Chandpur district Fatehpur. He worked for some time as cashier/clerk. While working as cashier he was issued a charge sheet for embezzlement of funds. In the departmental disciplinary proceedings he was found guilty of the charges framed against him. The punishing authority issued show cause notice to the petitioner by registered post on 18/21-5-87 as to why the petitioner be not removed from the services. Therefore, by an order dated 29.4.89 (Annexure-3 to the writ petition) the petitioner was removed from the service, with the concurrence of the Institutional Service Board. The removal order has been challenged in the instant writ petition. I have heard Shri B.P. Srivastava learned counsel for the petitioner and Shri H.R. Mishra learned counsel appearing for the respondents.
(2.) Counsel for the petitioner argued that no show cause notice was served on the petitioner dated 18/21-5-87 and unless the respondents proved that it was actually served upon the petitioner, till then it cannot be presumed to have been served upon the petitioner and the dismissal order was violative of principles of natural justice. He placed reliance on the judgement of Apex Court in Union of India Vs. Deenanath Shantaram Karekar and others 1998 SCC (L&S) 1837. Relying on paragraph 10 of the aforesaid of the judgment the counsel for the petitioner urged that since the show cause notice was not actually served upon him the removal order passed against him is vitiated and is liable to be set aside.
(3.) On the other hand, the Shri H.R. Mishra learned counsel for the respondent urged that in the writ petition it was not stated that the show cause notice 18/21-5-87 was not served upon the petitioner. Therefore, the respondents did not have any opportunity to meet the contention of the counsel for the petitioner. He further points out that in paragraph 19 of the counter affidavit it has been stated that the show cause notice was sent by registered post and was served upon the petitioner.;