9911796707
TMI Blog1995 (2) TMI 453X X X X Extracts X X X X X X X X Extracts X X X X ..... erred to Gonda, but he did not hand over the charge. It is alleged that he took the records of the society with him and absconded.' On inspection of the Raniwan Seed Store in October 1976, the irregularities and misappropriation allegedly committed by the respondent came to light. A FIR was lodged against the first respondent for criminal breach of trust in November 1976 and on 13.12.1976, the first respondent was placed under suspension pending inquiry into charges against him, and an Inquiry Officer appointed. Memo of charges was issued to the first respondent but the case of the appellant is that it could not be served upon the first respondent because he was avoiding service and did not also co-operate in the conduct of the inquiry. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ned counsel for the appellant submits that in this case the first respondent adopted a course of total non-cooperation and procrastination and that inspite of repeated opportunities being given he did not respond or participate in the inquiry. The first respondent did not even care to file an explanation or reply to the memo of charges. In the circumstances, the authorities had no option but to hold that the charges are proved. Even after the report of the Inquiry Officer was submitted, a number of opportunities were given which he again failed to avail of. It is submitted that though the whole history of the case has been set out in the counter affidavit filed in the High Court, the learned Judge did not notice any of those facts and yet a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... arly when the appellant alone cannot be held responsible for this delay. So far as the merits are concerned, we regret to say that the High Court has not dealt with the submission of the appellant - that inspite of being given a number of opportunities the first respondent has, failed to avail of them. If the appellant's allegations are true then the appellant cannot be fitulted for not holding a regular inquiry (recording the evidence of witnesses and so on). The High Court has assumed, even without referring to Regulation 68 aforesaid that holding of an oral inquiry was obligatory. Indeed, one of the questions in the writ petition may be the interpretation of Regulation 68. On facts, the first respondent has his own version. In the ci ..... X X X X Extracts X X X X X X X X Extracts X X X X
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