Sunil Kumar Garg, J. - (1.) THIS writ petition under Article 226 of the Constitution of India has been filed by the petitioner against the respondents on 16.7.1998 with a prayer that by a appropriate writ, order or direction, the order dated 15.7.1997 (Annex. A/4) passed by the Executive Officer, Ganganagar Central Co -operative Bank Ltd., Sri Ganganagar (respondent No. 5) by which the petitioner was removed from the service be quashed and set aside and further more, the judgment dated 22.4.1998 passed by the Selection Committee (respondent No. 4) by which appeal of the petitioner was dismissed be quashed and set aside.
(2.) THE facts of the case as put forward by the petitioners are as under: (i) That the petitioner was appointed on the post of Manager in the Primary Agriculture Co -operative Society, Nohar on 26.10.1979. (ii) That the petitioner was served with a charge -sheet on 17.4.1997. Copy of memorandum of charges levelled against the petitioner is marked as Annex. A/2. (iii) the petitioner submitted parawise reply (Annex. A/3) on 6.5.1997 to the charges levelled against him. (iv) That after receipt of the reply from the petitioner, the Executive Officer (Mr. Yusuf Khan) of Ganganagar Central Co - operative Bank Ltd. (Respondent No. 5) through order dated 15.7.1997 (Annex. A/4) found the charges levelled against the petitioner proved and removed the petitioner from service. (v) That aggrieved from the order dated 15.7.1997 (Annex. A/4) passed by respondent No. 5, the petitioner preferred an appeal (Annex. A/5) before the Selection Committee (respondent No. 4). The Selection Committee (respondent No. 4) through judgment dated 22.4.1998 dismissed the appeal filed by the petitioner. (vi) The further case of the petitioner is that Selection Committee (respondent No. 4) consisted of 3 members, out of which respondent No. 5 (Executive Officer, Shri Yusuf Khan) who passed the order dated 15.7.1997 (Annex. A/4) was also one of the members. Hence, this writ petition with the above mentioned prayer.
(3.) THE first ground which has been taken by the petitioner in his writ petition is that Executive Officer. Yusuf Khan who himself was disciplinary authority was Member - Secretary of the Selection Committee (respondent No. 4) constituted under Rule 5 of the Agriculture Credit Co -operative Societies Manager's Service Rules, 1991 (hereinafter referred to as the Rules of 1991) and 'since in the Selection Committee, one of the members was Executive Office, Mr. Yusuf Khan (respondent No. 5) who was disciplinary Authority who passed the removal order dated 15.7.1997 (Annex. A/4) of the petitioner and since the impugned order dated 15.7.1997 (Annex. A/4) was passed by respondent No. 5 (Executive Office Mr. Yusuf Khan), therefore, he should have not sat in the Selection Committee as one of the members and since appeal was heard by him as one of the members, therefore, the appellate judgment dated 22.4.1998 (Annex. A/6 is no judgment in the eye of law and has become biased judgment and therefore, it should be set aside. Reply to the writ petition was filed by the respondents denying the allegations levelled by the petitioner and the learned Counsel for the respondents submitted that the judgment dated 22.4.1998 (Annex. A/6) passed by the Selection Committee (respondent No. 4) is perfectly in accordance with law and hence this writ petition should be dismissed.;