Mehtab S. Gill, J. - (1.) THE Petitioner has prayed for the issuance of a writ in the nature of certiorari for quashing order dated 12th July, 2000, annexure p4.
(2.) THE Petitioner has averred that Punjab Cooperative Cotton Marketing & Spinning Mills Federation Limited (hereinafter referred to as Spinfed) is an apex society registered under the Punjab Cooperative Societies Act. The employees of Spinfed for the purposes of punishment and appeal are governed by the provisions of Punjab Civil Services (Punishment and Appeal) Rules, 1970. The Petitioner was a Deputy Spinning Master in the year 1983. On the availability of the post of Spinning Master, the Petitioner put in his resignation and was re -appointed as a Spinning Master in January, 1987 in Mansa Cooperative Spinning Mills (hereinafter called the Mill). The Mill was ordered to be closed and the Petitioner was then given additional charge of Chief Executive of the Mill. In June, 1997, he was given further charge of Tapa Co -operative Spinning Mills Limited. The Petitioner has further averred that he has put in his best efforts and improved the running of the Mill inspite of constraints like the maintenance of backlog and the poor condition of the machinery. When the Petitioner was given additional charge of Tapa Co -operative Spinning Mills, Respondent No. 3 was incharge of the cotton purchase. In the meeting of the Mill, it was noticed that some officials were responsible for selecting low quality Maharashtra cotton. Due to this, there was no production and the Petitioner being Chief Executive was charge sheeted. A copy of charge -sheet is attached as Annexure Pi. The Petitioner submitted detailed reply to the charge sheet which has been attached as Annexure P2. The Appointing Authority appointed Shri D.K. Jain, IAS (Retired) as an Inquiry Officer to hold an inquiry against the Petitioner. Opportunity of hearing was given to the Petitioner. Witnesses were produced. After considering the matter in detail, the Inquiry Officer exonerated the Petitioner of all the charges. A copy of inquiry report has been attached as Annexure P3.
(3.) THE Petitioner has further averred that during the pendency of inquiry, Respondent No. 3, who was responsible for purchase of inferior quality of cotton was given the charge of Managing Director of SPINFED. He did not find the report of Inquiry Officer convenient to him and to his liking. Respondent No. 3, after exercising his powers as a Punishing Authority, appointed Shri R.K. Gupta, General Manager (Finance) a new Inquiry Officer with a direction to hold de novo inquiry. A copy of this order has been attached as Annexure P4 and this is the order which is under challenge. Mala fides have been attributed to Respondent No. 3 as he was incharge of the purchase of Maharashtra cotton and as a Managing Director, he was acting in a manner so that the Petitioner may be falsely implicated.;