Jageshwar Prasad Misra vs Hardoi Zila Sahkari Bank Ltd.and others

Brijesh Kumar, J.

The petitioner was appointed as Secretary of the Primary CoOperative Society temporarily for a period of three months in pursuance of the selection held by the Administrative Committee of the Hardoi District Cooperative Bank Limited Hardoi. Order for appointment dated 411978 is contained in Annexure2 to the writ petition., issued by the General Manager and the Secretary, District Hardoi, District Cooperative Bank Limited, Hardoi. Hir services, however, were terminated by order dated 16101978, issued by the General Manager and the Secretary Hardoi District Cooperative Bank Limited, Hardoi, which is contained in Annexure3. The petitioner has challenged the impugned order which says that the petitioner, who was appointed temporarily, had flouted the order of transfer. Hence, on that ground, namely, due to flouting the order of transfer his services were being terminated and he was required to handover his charge without delay to another Secretary. Appearance was put in but the Counsel for the opposite parties No. 1 and 2 has not filed counteraffidavit on their behalf. What is apparent from the record is that the petitioner was allowed to continue in service even beyond a period of three months for which he is said to have been appointed temporarily. While he was so continuing, his services were brought to an end due to misconduct, namely, flouting the order of the transfer, which is the reason indicated in the order itself. The order is, therefore, clearly stigmatic. There is nothing to indicate that any enquiry proceedings were initiated and the petitioner was ever given any chance to meet out the charge of misconduct which appears on the face of the order itself. The order is, therefore, not sustainable and is liable to be set aside. The writ petition is allowed. The order of termination of the services of the petitioner dated 16101978 as contained in Annexure1 to the writ petition is quashed.