JUDGMENT

Pattanaik, J.-Plaintiff is the appellant and assails the judgment of the learned Single Judge of Allahabad High Court in Second Appeal No. 683 of 1996. The plaintiff filed the suit for declaration that the order of his removal from service dated 15.4.87 was illegal, arbitrary, null and void and without jurisdiction and the same may be set aside and it may be declared that the plaintiff is continuing in service and for all other consequential benefits. It was alleged in the plaint that he was appointed as a Clerk in the District Co-operative Bank, Defendant No. 2 and was posted in the accounts section. He had taken leave on medical grounds and had left the bank after handing-over charge to one Virendra Nath. The Acting Secretary, who according to the plaintiff was not competent to frame any charges against him, issued a set of charges, alleging the mis-conduct of serious nature for illegal absence from duties and finally, it was indicated that the plaintiff has been removed from service on finding him guilty of the charges, without holding any inquiry and without affording an opportunity to the plaintiff to defend himself. The defendant No. 2 did file a written statement, de