AI Structured Summary
Not yet generated for this judgment
Judgment
The petitioner has come up before this Court against the termination order, contained in notice dated 16.1.1987 (Annexure No. 5) praying to issue a writ, order or direction in the nature of certiorari quashing the impugned order of termination dated 16.1.1987, contained in Annexure No. 5.
The petitioner was appointed on the post of Accountant is Sadhan Sahkari Samiti, Lachmanpur Samerhnia, district Bahraich, on a fixed salary of Rs. 150 per month. The petitioner moved an application on 24.1.1985 and thereafter on 10.6.1985 for increasing of his salary, to the Administrator. The petitioner continuously worked and discharged his duties upto 31st March 1987. Subsequently, the petitioner was informed, vide notice dated 16.9.87 that his services have been terminated by the Sachiv of the Sadhan Sahkari Samiti without any resolution passed by the District Administrative Committee of the Samiti and any approval from the District Assistant Registrar; U.P. Cooperative Societies, district Bahraich. The committee of management of the Samiti has been superseded and the Administrator had been appointed, as such the power of the committee of Management has been vested in the Administrator. The Administrator has only power to pass an order of termination, but he has not taken any action in the matter.
According to the petitioner''s counsel, the services of the petitioner could only be terminated, if the society is running in loss but there is no such circumstance in existence and no order has been passed by any authority including the District Assistant Registrar, Cooperative Societies, U.P., Bahraich for abolishing the post. The petitioner further asserts that he has been working and discharging his duty honestly and continuously from the date of his appointment without any break till 31st March, 1987.
Counter affidavit, filed on behalf of the oppositeparties, shows nothing against the petitioner.
In view of the facts mentioned above, the petitioner''s termination is void and the petitioner cannot be allowed to suffer.
The writ petition is allowed and the termination order dated 16.1. 1987, contained in Annexure 5, is hereby quashed. There will be no order as to costs.