KARAM SINGH Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) BY this petition, under Articles 226 and 227 of the Constitution of India, the petitioner assails the validity and legality of order dated 1-7-2003 (Annexure P-3) by which it was directed to recover an amount of Rs. 64,713/- from the petitioner. The petitioner also challenges the order dated 4-9-2003 (Annexure P-4) passed by the respondent No. 2 by which the said authority refused to entertain the appeal filed by the petitioner against the order dated 1-7-2003.

(2.) THE facts, in nutshell, as projected by the petitioner, are that the petitioner was working as Godown Keeper and was posted at Co-operative Marketing, Sakti. On the basis of the instruction of the Assistant Registrar, Co-operative Societies, the auditor submitted special report of 1984-85 by mentioning that the petitioner as well as other office bearers of the society caused loss to the society. After receipt of the audit report, the Deputy Registrar, by order dated 1-12-1988 appointed the respondent No. 3 as Enquiry Officer and directed him to make enquiry regarding the allegations levelled against the petitioner as well as other office bearers of the society. THE respondent No. 3 submitted his enquiry report on 30-1-1992 (Annexure P-2). In the said report, it has been specifically mentioned that the allegations made in the audit report are baseless and the same are based on conjunctures and surmises.

(3.) I have heard learned Counsel appearing for the parties, perused the pleadings and documents appended thereto.