IMPORTANT POINT
Termination of employment must follow due process and adhere to principles of natural justice, including conducting a proper inquiry.

JUDGMENT :

(Pankaj Purohit, J.) :

Since common question of law and facts are involved in these writ petitions, therefore these are being heard and decided by this common judgment.

2. In both these writ petitions, the order of termination of services of the petitioners is under challenge which, according to the petitioners, has been passed without affording any opportunity of hearing to them.

3. Both the petitioners are employed with respondent no.3-Jhabreda Kisaan Seva Sahkari Samiti Ltd. as Clerk. An FIR No.0256 of 2020 was lodged in Police Station Jhabreda, District Haridwar against unknown persons by in-charge Secretary of Jhabreda Kisaan Seva Sahkari Samiti Ltd. In the said FIR it was disclosed that the informant in-charge Secretary-Talwar Singh gave to the petitioner Anshu Kumar and Ramesh Chand, Accountant Rs.20,29,900/- and to petitioner Sunny Chaudhary Rs.2,32,340/- for depositing in District Co-operative Bank Ltd. Haridwar, Branch Jhabreda.

4. According to the informant after 5 to 7 minutes of leaving office of respondent no.3 they came back in the office and when asked by the informant immediately after two minutes both Ashu Kumar (petitioner) and Ramesh Chandra rode in the motorcycle for Bank. Around 5 minutes later Ramesh Chandra made a call to the informant that two unknown motorcycle borne persons showing tamancha (a country made pistol) to them robbed the said money from them. On this information the in-charge Secretary of Jhabreda Kisaan Seva Sahkari Samiti Ltd lodged the aforesaid FIR. On this information investigation ensued by the Police and on the basis of the statement recorded under Section 161 Code of Criminal Procedure, 1973, it was found by the Investigating Officer that the story of loot was concocted by the petitioners along with their accomplice. Respondent no.3 vide its resolution dated 25.06.2020 (Annexure no.1) decided to terminate the services of the petitioners and on the resolution made by respondent no.3 services of the petitioners were terminated.

5. The petitioners have challenged the aforesaid termination order mainly, on the sole ground that before terminating services of the petitioners no enquiry was conducted, even no show cause notice was issued to the petitioners and only on the basis of FIR and investigation conducted by the Police, services of the petitioners were terminated abruptly without any disciplinary proceeding or enquiry. In substance contention of the petitioners was that the principles of natural justice have not been adhered to.

6. A counter affidavit has been filed by respondent no.3, which does not reflect at all as to whether before terminating services of the petitioners any disciplinary proceedings/enquiry was conducted by respondent no.3. The counter affidavit filed by respondent no.3 gave an impression that only on the basis of the FIR and confessional statement of the petitioners and recovery of certain amounts from them during investigation, services of the petitioners have been terminated.

7. Apart from factual aspect it has also been contended by respondent no.3 that the writ petition is not maintainable as respondent no.3 is a co-operative society. It is also case of respondent no.3 that petitioners made confession of their guilt during investigation and that certain amount of money was recovered from them.

8. A rejoinder affidavit has also been filed and in the rejoinder affidavit the main contention of the writ petitioner has been reiterated so far as maintainability of writ petition is concerned. It is contended that the impugned order/resolution passed by respondent no.3 is absolutely illegal, irregular, arbitrary and utter in violation of principal of natural justice, which can be assailed by invoking the discretionary jurisdiction of this Court in Article 226 of the Constitution of India.

9. It is also stated in the rejoinder affidavit by the petitioners that services of the petitioners are duly governed by the Rules framed under the U.P. Co-operative Soc