B.R. Tuli, J. - (1.) THE Petitioner Dharam Pal Soni was appointed Store Keeper of the Jullundur Central Cooperative Consumers' Store Ltd., Jullundur, hereinafter referred to as the Store, by the Board of Directors of the Store by order dated 4th May, 1963.The scale of his pay was fixed as Rs. 125.5 -175 inclusive of all allo -wances. He was to draw Rs 125/ - p.m. from 11th April, 1963, to 30th April, 1963, and Rs. 150/ - with effect from 1st May, 1963, onwards. He was promoted as Purchase and Sale Assistant in the grade of Rs. 200 -10 -300 with effect from 1st April, 1964, ut the stand of the Respondents is that he was appointed in the grade of Rs. 200 -10 -300 as Chief Store Keeper and Supply Officer and was made responsible for the supply line by a resolution of the Board of Directors dated 6th July, 1964. The office order was issued on 12th September, 1964, according to which Shri Dharam Pal Soni, Store Keeper, General Merchandise, was to take over as Purchase and Sale Assistant (new post) in the grade of Rs. 200 -10 -300. It is further stated that "Pay revision from 1st April, 1964. Arrears to be paid. Conveyance allowance is to be decided by the Board in the next meeting." On 10th October, however, another order was passed which is as under: Shri Dharam Pal, Purchase and Sale Assistant. In partial supersession of this office order No. 542 -46 dated 14th September, 1964, you are informed that your appointment is approved as purchase and sale assistant in the grade of Rs. 200 -10 -300 w. e. f. 14th September, 1964 by the Board (vide resolution No. 9 dated 8th October, 1964). It is further to intimate to you that your pay is raised from 14th September, 1964. The amount of excess payment received by you, should please be paid in 4 instalments starting from October, 64 salary.
(2.) BAWA Narinder Singh was working as Assistant Manager (Stocks and Supplies) according to the return but as Stock and Supplies Officer according to the Petitioner and that post was abolished with effect from loth January, 1968, and the Petitioner was directed to take charge of the records etc from him. The Petitioner was required to perform the duties which were performed by Bawa Narinder Singh before that. The Petitioner, on 14th June, 1968 received a letter from the General Manager, No. 1286 -87 dated 8th June, 1968, informing him that the post which he was holding in the establishment of Store had been abolished and thirty days' notice was being given to him and he should hand over charge to Shri R. N. Shorey, Manager Super Bazar, after the expiry of the period of notice. According to the Petitioner, this notice was issued mala fide at the instance of the Minister for Co operation of the Punjab State. In a meeting of the Board of Directors held on 2nd March, 1968, there was an item on the agenda "To consider termination of services of Shri Dharam Pal Soni, Incharge Stock and Supplies, as desired by the Minister for Co -operation Department of Punjab" and the following resolution was passed: It was enquired from the General Manager regarding the integrity and the work of Shri Dharam Pal Soni and he stated that he is a good worker and nothing is against him. It was, therefore, resolved that the reference may be made to the Minister for Cooperation through the Registrar Co operative Societies, Punjab to find out the special allegations against the individual and the reasons for which it was proposed to terminate his services. Thereafter, a meeting of the Board of Directors was held on 3rd May, 1968, in which one of the items on the agenda was to consider D.O. letter No. Store/590 dated 19th March, 1968, from the Joint Registrar, Co -operative Societies, Punjab, Chandigarh, regarding termination of the services of Shri Dharam Pal Soni There was a note appended to the said item of the Agenda saving that "the Minister for Co -operation desired that the services of Shri Dharam Pal Soni should be terminated. the matter came up for consideration in the meeting of the Board of Directors held on 2nd March. 1968. in which it was resolved that a reference should be made to the Minister for Co -operation through the Re -gistrar, Co operative Societies to find out the special allegations against Shri Dharam Pal Soni and reasons for which it. was proposed to terminate his services Consequently a reference was made to the Registrar, Co -operative Societies, Punjab, who had intimated vide his aforesaid D. O letter that in view of the increased operational cost the post of Purchase and Sale Assistant has become redundant and that the incumbent of the post was obviously responsible for the heavy purchases which had in many cases been made in disregard to the requirement of the Store and the past sales. He further desired that matter should be referred to the Board for orders and in case the Board was unable to comply with the orders of the Minister, the Chairman of the Board might discuss the matter with the Minister and have it clarified. The matter is submitted to the Board for consideration". Against this item, the following resolution was passed: Resolution No 4 -Considered. It was resolved that the Deputy Registrar Co -operative Societies should be requested to go into the whole case and the work of Shri Dharam Pal Soni and make a report to the Chairman tor taking further necessary action.
(3.) THE next meeting of the Board of Directors was held on 13th June, 1968, and the relevant item on the agenda and the decision of the Board in respect thereof was To approve action taken against Shri Dharam Pal Soni in pursuance of Resolution No. 4 of previous meeting of the Board of Directors. Deputy Registrar of Co -operative Societies, Jullundur, made a report to the Chairman who has agreed with the former As the post held by Shri Dharam Pal Soni was found redundant, the same should be abolished Consequently 30 days' notice should be issued to Shri Dharam Pal Soni that his services are no longer required after the expiry of 30 days' notice. This proposal was approved by the Board. Shri Chander Parkash only disagreeing.;