JUDGEMENT
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(1.) The writ petitioner was appointed to the post of a guard by a letter dated
24th January, 1998 at a consolidated monthly salary of Rs. 2,2007-. He used to
escort remittance of cash to the bank. He was given an official quarter at a
monthly rental at Rs. 2007- per month. The letter of appointment specifically
provided that "no other facilities as admissible to a regular staff of the Society
would be given".
(2.) He has since then been working in the Barrackpore Central Zone
Wholesale Consumer's Cooperative Society Ltd. A notice dated 7th May, 2005
was issued to him asking him to disclose about sorra currency notes remitted
to the bank. He, in reply to the letter, informed that he did not know anything
about the notes because he was merely asked to escort the remittance. By a
letter dated 30th May, 2005, the petitioner had been told that his service would
be terminated with immediate effect upon approval by the board. The petitioner,
in reply, contended that he was not at fault. By a letter dated 28th June, 2005
he was dismissed. The letter dated 28th June, 2005 reads as follows :-
"Pursuant to the decision of the Board of Directors of this Society in
their meeting dated 25.6.2005 he is being informed that the Board of
Directors of this Society has sacked him from the service of this Society
on the basis of enquiry report of the then Chief Executive Officer and
the report of others.
For the above, he is being asked to vacate the room of this Society
within 10(ten) days from the dale of issue of this order.
This will be effected from the date of issue of this order."
(3.) It is not in dispute that no enquiry was held. No charge-sheet was,
ever, issued to the petitioner nor was he asked to make his representation to
any charge levelled against him.;
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