Bye-law 27(2) of the Bye-laws does not permit the disciplinary authority to appoint an outsider as an enquiry officer.

( 1 ) THIS writ petition is directed against the proceedings culminating in the impugned order bearing proceedings No. 3752/a1/2-91 dated 5-8-1992 removing the petitioner from the services of the Guntur District Milk Producers Co-operative Union Limited. Vadlamudi.

( 2 ) WHEN the petitioner was working as Assistant Manager (Stores) in the office of the Sangam Dairy, Guntur district he was charged with certain misconduct under the relevant Bye-laws by issuing a charge memo dated 27-11-1991. The Management, not being satisfied with explanation offered by the delinquent petitioner proceeded to hold the delinquent petitioner proceeded to hold departmental enquiry against the petitioner. Accordingly, the disciplinary authority appointed an advocate as enquiry officer on 18-1-1992. The Enquiry Officer held an enquiry and submitted his report to the Disciplinary Authority on 6-5-1992. After receipt of the enquiry report the Disciplinary Authority issued final show cause notice to the delinquent petitioner on 6-6-1992. Thereafter words the Boards of Directors, of Society on 29-7-1992 resolved to remove the petitioner from services of the Society. In pursuance to the resolution of the Board of Directors the impugned order came to be issued on 5-8-1992. The petitioner aggrieved by the said order dated 5-8-1992 has approached this Court by way of this writ petition filed under Article 226 of the Constitution of India praying for question the impugned order.

( 3 ) THE learned Counsel appearing for the parties were hearing

( 4 ) THE learned Counsel appearing for the petitioner submitted that - (1) The charge memo issued to the delinquent officer is vague, imprecise and not capable of understanding correctly and therefore it does not conform to the standards set by a series of decisions of the Apex Court and the High Courts. Consequently the impugned charge should be held to be bad in law and the superstructure built upon such a charge memo should also fall to ground. Further the learned Counsel for the petitioner submitted that even taking what is stated in the charge memo is true and correct, it will not constitute a misconduct within the meaning of the relevant Bye-laws governing disciplinary proceedings. (2) As per Bye-law 27 of the Bye-laws the Disciplinary Authority may itself hold the domestic enquiry to be held against a delinquent official by appointing any other authority superior in rank to the employee charged and in the instant case an outsider-advocate was appointed as an enquiry officer. The appointment of a outsider like an advocate as an enquiry officer is wholly illegal and on that count also the entire proceedings stand vitiated and the impugned order based on such a report should also fall to the ground. (3) The learned Counsel also submitted that three officials including the petitioner who were alleged to have been involved in the commission of alleged misconduct and in that view of the mater the Disciplinary Authority was required in law to hold a joint and common enquiry against all the delinquent officials. But, the Disciplinary Authority held separate and individual enquiry against each of these three delinquent officials and such a procedure adopted by the Disciplinary Authority is wholly invalid and illegal. (4) Fourthly, the learned Counsel for the petitioner contended that after holding department enquiry against the other two delinquent officials the Disciplinary authority has exonerated them for the charges, whereas the petitioner delinquent official is imposed with the punishment of removal from service. According to the learned Counsel this tantamounts to discrimination violating the mandate of Articles 14 of the Constitution of India. (5) Lastly, the learned Counsel also contended that the punishment imposed on the delinquent official is very severe and disproportionate to the alleged misconduct committed by the delinquent official.

( 5 ) THE learned Counsel appearing for the Management-Disc