L.N.MITTAL - (1.) PLAINTIFF Ramesh Kumar having been non-suited by both the courts below has filed this second appeal.
(2.) PLAINTIFF-appellant was an employee of defendant-respondent No.4-Cooperative Society. His services were terminated by defendant No.4 vide resolution dated 29.10.2002. In the suit, the plaintiff challenged the termination of his services. Defendants resisted the suit and pleaded that the plaintiff remained absent from duty since 06.05.2002 without any leave or intimation. Notices dated 13.06.2002 and 16.09.2002 were issued to the plaintiff to join duty but he did not do so nor furnished satisfactory reply. The plaintiff was appointed as salesman subject to the condition of furnishing matriculation certificate, but he failed to furnish the same. The plaintiff also committed RSA NO.3890 OF 2010 embezzlement of funds of the Society by collecting the same from loanees (members) and by not depositing the same with the Society. Learned Additional Civil Judge (Senior Division), Mohindergarh vide judgment and decree dated 04.04.2007 dismissed the plaintiff's suit. First appeal preferred by plaintiff has been dismissed by learned Additional District Judge, Narnaul vide judgment and decree dated 26.02.2010. Feeling aggrieved, plaintiff has filed this second appeal. I have heard learned Counsel for the appellant and perused the case file.
(3.) COUNSEL for the appellant vehemently contended that no enquiry was conducted before terminating the services of the plaintiff. However, in the facts and circumstances of the case, no enquiry was required to be conducted, keeping in view the admitted factual position. COUNSEL for the plaintiff-appellant submitted that the plaintiff-appellant was appointed in the year 1998 and as per condition of his appointment, he had to submit matriculation certificate. Admittedly the plaintiff failed to submit the requisite matriculation certificate during period of four years before termination of his services. Consequently no fault can be found with the termination of the services of the plaintiff on this count.;