PARAS RAM Vs. UNION OF INDIA

JUDGEMENT

(1.) This petition under Articles 226 and 227 of the Constitution of India has been filed by Shri Paras Ram, a former Secretary. Indira Gram Sewa Co-operative Society, Village Kuthera, Tehsil Ghumarwin, District Bilaspur, Himachal Pradesh for the issue of appropriate writ order or direction, quashing the recovery proceedings commericed against him for the recovery of a sum of Rs. 10,509.06 with costs (Rs-13,192.31 in all) being the amount of an award dated 26th June, 1966 made against him, by the District, Co-operative and Suplies Officer under the provisions of the Himachal Pradesh Cooperative Societies Act, 1956,(Act 13 of 1956), hereinafter referred to as the 'Act'.

(2.) According to his allegations, the petitioner while working as the Secretary of the Indira Gram Co operative Society Limited, respondent No. 6, incurred the displeasure of the Co-operative Inspector as a result of which he was involved in a charge of embazzlement of the funds of the society. These charges were not admitted, as according to him, nothing was doe from him. The dispute, as to the petitioner's liability towards the society was referred to the Registrar, Co-operative Society, Himachal Pradesh Si'nia, respondent No-2, under Section 87 of the said Act, who in torn appointed the District Co-operative and Supplies Officer, Bilaspur. respondent No. 3 to act as the Arbitrator, under section 83(0) of the Act. On 26th June. 1966, respondent No. 3 gave his award by which he directed the petitioner to pay a sum of Rs. 10.509.06 with costs (a total of Rs 13, 92 31) to the Indira Gram Co operative Society Limited, respondent No 6. The petitioner fieled an appeal under section 113 of the Act but the same was re)ected. Arevision under section 114 of the Act filed by the petitioner was likewise rejected on February 8, 1967, by the Lieutenant Governor, Himachal Pradesh. In April 1967, the District Co-operative and Suplies, Bilaspur. on further representation made by the petitioner is alleged to hive assured him that the matter would be again looked into provided he paid a snip of Rs 2,000 provisionally. This sum of Rs 2,000waspaidby the petitioner, but nothing substantial seems to have been done thereaft.

(3.) The Collector, Bilaspur, respondent No,4, has now started proceedings for recovery of the award amount under sections 100 and 101 of the Act, read with Rale 92 of the Himachal Pradesh Co-operative Societies Rules, hereinafter referred to asthe 'Rules'. The papers have been transmitted to Tehsil Ghumar win District Bilaspur, for effecting the recovery of amount detailed in the award as arrears of land revenue, who, according to the petitioner, is about to realise the amount by coercive. process.