LAWS(CHH)-2018-7-195

ASHOK KUMAR THAKUR S/O JAGAT SINGH THAKUR Vs. REGISTRAR, CO-OPERATIVE SOCIETIES CHHATTISGARH, RAIPUR (C G )

Decided On July 30, 2018
Ashok Kumar Thakur S/O Jagat Singh Thakur Appellant
V/S
Registrar, Co-Operative Societies Chhattisgarh, Raipur (C G ) Respondents

JUDGEMENT

(1.) Writ application of the present Appellant was dismissed by the learned Single Judge vide order dated 16.05.2018. The relief sought for in the writ application was against the order of the Registrar, Co-operative Society, who dismissed the second appeal in the matter arising out of penalty of dismissal imposed in departmental enquiries on allegations of financial irregularities and misappropriation of funds of a Co-operative Bank.

(2.) Four charge sheets came to be issued against the Appellant for various allegations of financial irregularities and misappropriation of funds. The charge sheets are dated 30.06.1997, 210.1997, 31.08.1998 and 24.01999. The enquiries in the four charge sheets were held more or less simultaneously. Three enquiry reports thereafter emerged on 08.01999, 16.08.1999 and 13.11999. Based on the findings, show cause was issued to the Appellant and penalty of dismissal was imposed by the disciplinary authority.

(3.) Not being satisfied with the said decision, an appeal was preferred under Section 55(2) of the Co-operative Societies Act, 1960 before the Deputy Registrar who did not find any merit in the said appeal and dismissed the case on 31.12.2005. Against that order, first appeal preferred before the Joint Registrar who allowed the appeal vide his order dated 30.02007. This time, the Bank, not being happy with the decision, preferred an appeal before the Registrar of Co-operative Societies who in turn restored the original order and set aside the order passed by the first Appellate authority and, therefore, writ was filed.