J.K. AGARWAL Vs. HARYANA SEEDS DEVELOPMENT CORPORATION LTD.
LAWS(P&H)-1986-5-121
HIGH COURT OF PUNJAB AND HARYANA
Decided on May 09,1986

Appellant
VERSUS
Respondents

JUDGEMENT

Madan Mohan Punchhi, J. - (1.) Out of this lengthy petition, the first and the foremost grouse, which has been voiced and finds my favour, need alone be takent not of, leaving alone the remainder of the submissions. ' The grouse can be spelled out in the following manner:-
(2.) The petitioner on 4.9.1977 was appointed as a Company Secretary in the Haryana Seeds Development Corporation Limited, Chandigarh. The Corporation has a Board of Directors It has a Managing Director too. it has a Memorandum of Association and Articles of Association-its Magna Carta Under article 125-A, it is the Board of Directors which may appoint a Secretary of the Company for such term, at such remuneration and upon such conditions as they may think fit and any Secretary so appointed may be removed by them. The duties of the Secretary too are spelled out in that article. Additionally, he is required to carry out and discharge such other functions and duties as the Board of Directors or the Managing Director may, from time to time, require him to do.
(3.) During the course of his working, the petitioner, it appears, treaded on the toes of others. A pile of charges predominantly pertaining to inefficiency, insubordination, non-maintaining of faithful records and non-cooperation with subordinates-all pertaining to the petitioner's person-were framed against him. Numerically, they were the unlucky thirteen. An Enquiry Officer, appointed for the purpose, attempted to go into those charges but, at one point of time, for reasons which are not material presently, decided to proceed ex parte against the petitioner. His report was totally against the petitioner. Acting on that report, the Managing Director, respondent No. 2, terminated the services of the petitioner and it is that order which is the subject-matter of challenge in this petition on a variety of grounds, one of which contains the grouse which is being taken note of.;


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