Y. B. Suryavanshi, J.

1. The petitioner Nazir Khan Pathan, Ex. Godown Keeper of M. P. Rajya Bhandar Grah Nigam (for short the 'Nigam'), branch at Khachrod, Ujjain in this petition under Articles 226/227 of the Constitution of India is challenging the orders dated 28-4-1988 (Annexure XII) passed by the Managing, Director of the 'Nigam' dismissing the petitioner's services as also the orders dated 26-5-1988 (Anexxure XIV) by appellate Authority/Chairman of the said 'Nigam' dismissing the appeal in three words which are: ^^fopkjksijkar fujLr** on the grounds that both the orders are illegal and without jurisdiction and also totally contrary to the principles of natural justice.

2. According to the petitioner, Respondent No. 1 Nigam' is a statutory body constituted under the provisions of M. P. Agricultural Warehouse Act, 1947 and is financed and totally controlled by the State of M. P. and is 'State' or "instrumentality of State" under Article 12 of the Constitution of India. Undisputedly the petitioner was in charge Godown Keeper of the Godown of the 'Nigam' at branch Khachrod in Ujjain District. On basis of a written report by one Subhash Sharma that a bag of sugar was removed from the Godown and was being taken to the market, the Police registered an offence under section 3/7 of the E. C. Act. The Department's case was that the thela carrying a sugar bag was intercepted by the Police. The thelawala was a Hammal called, Gafoor Khan. According to the Department he is said to have disclosed that he had come from the warehouse with the sugar bag sent by the petitioner. During initial investigations on basis of report, which according to the petitioner was false and politically motivated, on 5-4-1986 Police seized the stock-register and deposit ledger kept at the godwnn. On 9-4-1984 there, was physical verification and so far as the number of units of bags are concerned, no deficit or shortage was found. On 10-4-1986 the petitioner gave charge report of godown.

3. Undisputedly on 3-7-1986 show cause notice was issued (Annexure-I) and on 21-7-1986 the petitioner submitted reply denying the allegations which inter alia, included that on basis of a report to the Police by Shri Subhash Sharma, President, Madhyamik Shiksha Vidhyalaya, Khachrod a bag of sugar has been seized and during interrogation the petitioner stated in writing that the bag was sent to a Co-operative Society in exchange of a damaged bag but on enquiry by Police the said Society denied the case of replacement by way of exchange.

4. (i) The petitioner faced the Departmental Enquiry on a charge as follows:

"That on 5-4-1986, the petitioner as Officer-In Charge at Khachrod, unauthorisedly removed a bag of sugar from the godown which was seized by the Police and, that the petitioner gave a Statement that the seized bag of sugar was sent in exchange to the Co-operative Society when in fact it was not found so, and thereby the petitioner has committed an act which amounts to misconduct."

A list of witnesses mentions only three names, namely:

(i) Shri M. K. Pandit, Sr. Supdt., O. I. C. - Sanawad;

(ii) Shri Dinesh Kumar Soni, Addl. Chowkidar - Khachrod;

(iii) Shri Hazarilal Coiypa, Clerk, Godown - Ujjain (Annexure-III A).

(ii) In the statement of allegations and particulars it was stated, that on 5-4-1986, Shri Pathan informed the Regional Manager, Indore that the Police has registered a case under section 3/7 of E. C. Act and had sealed the godowns Nos. 9a and 9b, and 1.

(iii) That, Shri Pandit, Sr. Supdt. went to Khachrod for enquiries but found Shri Pathan/Petitioner absent on 7th and 8th of April, 1986;

(iv) Shri Pandit obtained information from S.D.O. and S.H.O. Shri P. S. Thakur and the latter stated that on report by one Shri Subhash Sharma, President, Madhyamik Shiksha Vidhyalaya, Khachrod, that one gunny bag of sugar was unauthorisedly removed from the godown, it was seized, and the godowns were sealed and the stock-register and deposit ledger were also seized;

(v) That t