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2005 Supreme(All) 760

TARUN AGARWALA
R. K. Mehrotra, Kedar Nath Mehrotra – Appellant
Versus
U. P. Sahkari Sansthagat Sewa Mandal – Respondent


Advocates:
Ajay Kumar Srivastava, Om Prakash Singh, Satish Mandhyan,

TARUN AGARWALA, J.

( 1 ) THE petitioner committed serious financial irregularities such as embezzlement of funds and interpolation of the records on the basis of which, the petitioner was placed under suspension on 16. 6. 1995. Subsequently, he was issued three chargesheets on 9. 5. 1996, 9. 1. 2002 and 6. 6. 2002. The petitioner did not submit any reply to these chargesheets denying the charges and instead through various letters asked for supplying of certain documents. The petitioner alleged that ultimately he was issued a show cause notice on 6. 5. 2003 and eventually, an order dated 6. 11. 2003 was passed terminating the services of the petitioner. The petitioner alleged that the order of termination was passed in gross violation of the principles of natural justice, inasmuch as, no enquiry was held nor any Inquiry Officer was appointed nor any evidence was led and since the charges was not proved and the petitioner was not given any opportunity of hearing, the impugned order, terminating the services of the petitioner, was violative of principles of natural justice. In support of his submission the petitioner has relied upon the following decisions : i] 1992 [65] FLR 675 uma S






















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