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NAMIT KUMAR
Vinod Kumar – Appellant
Versus
State of Punjab – Respondent
JUDGMENT
Mr. Namit Kumar, J. (Oral)
The petitioner has filed the instant writ petition under Articles 226/227 of the Constitution of India, for issuance of a writ in the nature of certiorari, for quashing the Resolution dated 28.12.2015 (Annexure P-1) whereby he has been dismissed from service.
2. The brief facts, as have been pleaded in the present petition, are that the petitioner was working as Salesman at Waryam Khera, Cooperative Agriculture Service Society Limited at village Waryam Khera, Tehsil Abohar, District Fazilka (hereinafter to be referred to as 'the Society'). The charge of fertiliser, feed, agro chemicals, etc. was in the custody of petitioner. On 10-8-2011, the stock of Society was checked by the concerned Circle Inspector and he found shortage of stock of approximately Rs. 2,40,762/-. Thereafter, the petitioner submitted reply to the concerned Circle Inspector and he was granted time to deposit the money upto 25.08.2011. Thereafter, a letter was also issued to the President of the Society by the concerned Circle Inspector that if he failed to deposit the money upto 25-8-2011 then, disciplinary action would be taken against him in accordance with Service Rules 1997.
The court upheld the dismissal of the petitioner for embezzlement, emphasizing the importance of adhering to the appeal timeline set by Service Rules, which was not met in this case.
Compliance with bye-laws and principles of natural justice is essential in employee dismissal cases.
The court confirmed the validity of termination due to substantiated charges of misconduct and financial irregularity, emphasizing integrity in public service.
The standard of proof required under the Co-operative Societies Act is distinct and different from that required under Criminal Law, and preponderance of probabilities suffices for punishment under t....
The principle of delay and laches can bar the relief in service matters if no satisfactory explanation for the delay is provided, even if merits may favor the applicant.
The rejection of benefits must be based on a proper application of mind, and disciplinary action must be conducted expeditiously with appropriate evidence.
The government's waiver of loans does not exonerate an employee from charges of misconduct and financial loss to the society.
The Registrar under the Uttar Pradesh Cooperative Societies Act has the authority to annul resolutions, including dismissals, ensuring no individual is left without a remedy.
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