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2012 Supreme(HP) 73

DEEPAK GUPTA, V.K.AHUJA
Bheira Agricultural Cooperative Society – Appellant
Versus
Shiv Kumar – Respondent


Advocates appeared:
For the appellant:Mr. Ajay Sharma, Advocate. For the Respondent No.1:Mr. Anand Sharma, Advocate. For the Respondents 2 to 4: Mr. Rajesh Mandhotra, Dy. A.G.

Judgment

Per Deepak Gupta, J

1. This appeal by the appellant Bheira Agricultural Cooperative Society, Bheira is directed against the judgement dated 28.6.2007 whereby the learned Single Judge held that the copy of the enquiry report had not been supplied to the petitioner before terminating his services; the petitioner had been seriously prejudiced by the non supply of the copy of the enquiry report; the disciplinary authority could not terminate the services of the petitioner before permitting him to make a representation against the enquiry report and lastly the appellate authority and the revisional authority had not taken into consideration the specific plea raised by the petitioner that the enquiry was not conducted in accordance with law.

2. Shri Ajay Sharma, learned counsel for the Cooperative Society has raised a preliminary submission that in view of the law laid down by a Division Bench of this Court in Chandresh Kumar Malhotra vs. H.P.State Cooperative Bank and others 1993(2) Sim.L.C.243 no writ could lie against the cooperative society. In our view this objection is totally misconceived since in the present case after the termination order passed by the cooperative soci





















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