- (1.) The present appeal has been preferred assailing the judgment and order dated 5th May, 2011 passed in W.P.No. 6560 (W) of 2011 by a learned Judge of this Court whereby and whereunder the said learned Judge disposed of the writ petition, setting aside the letter dated 24th March, 2011 of the respondent therein with a direction to reinstate the petitioner within a specified time.
(2.) Going through the records, we find that the respondent/writ petitioner, a Group-D employee of the appellant society, was served with show cause notice in pursuance of the resolution adopted at the Board of Directors Meeting of the society that he had taken fertilizer loan as also loan upon deposit of potato bonds and not paid the due amount. After receipt of the reply, the same was not found satisfactory and the respondent/writ petitioner was placed under suspension vide memo No. 87/09-10 dated 23.06.2009. Upon the respondent/writ petitioner submitting his representation against the order of suspension, a second show cause notice was issued dated 8th July, 2009 as to why he should not be discharged from the service. The said order of suspension dated 23rd June, 2009 and second show cause notice dated 8th July, 2009 were challenged by the respondent/writ petitioner in W.P.No. 22710 (W) of 2010 and a learned single Judge of this court upon hearing the parties set aside the order of suspension and the show cause notice and disposed of the writ application on 14.02.2011 with the following observation set out hereunder:- "Having considered the submissions of the parties, the sum of Rs. 14895/- which was taken on account of fertilizer loan was partly paid on 16th June, 2009. The balance has been paid in July 2009 though kept in a suspense account. Upon adjustment of such sums no payment will be due and payable on account of fertilizer loan amount. The next loan which remains outstanding is on account of potato. It is true that the petitioner ought not to have removed the potato without making full payment as sums are due and payable. Let such sums be paid by the petitioner to the Co-operative Society within 10 days. The Co-operative Society will give the petitioner credit for payments made. Upon receipt of such payment, the Co-operative Society will take a lenient view as regards the petitioner in respect of the proceedings initiated as the petitioner has made certain payments pursuant to the notice of suspension and also expressed his readiness and willingness to make such payments."
(3.) Admittedly, the due sums, as directed, were paid by the respondent/writ petitioner though somewhat belatedly, but the appellants issued the letter dated 24th March, 2011 stating therein that he had already been dismissed on 18.07.2009 and he could prefer an appeal against the said order of dismissal. However, such factum of alleged dismissal was not disclosed in the proceedings before learned single Judge in W.P.No. 22710 (W) of 2010 wherein the order of suspension and the show cause notice had been challenged by the writ petitioner.;