LALJI YADAV Vs. STATE OF U.P

JUDGEMENT

(1.) This writ petition has been filed assailing the orders dated 19.02.2014 passed by respondent no. 3 and 11.10.1985 passed by respondent no. 4.

(2.) Facts, as disclosed in the writ petition, are that petitioner was appointed as Secretary in a Primary Agricultural Credit Cooperative Society (hereinafter referred as 'PACCS') on 07.01.1977. He was transferred from Sadhan Sahkari Samiti Limited Purkhipur, Block Mauaima to Sadhan Sahkari Limited Ibrahimpur, Block Kaudihar, District Allahabad on 26.07.1984. He was placed under suspension for embezzlement done by him while working as Secretary at Sadhan Sahkari Samiti Limited Purkhipur as well as not handing over the charge of dead stock and other records on 31.01.1985. It appears that the Additional District Cooperative Officer, Soraon was appointed the Inquiry Officer as petitioner did not hand over the charge of the society in question nor presented himself before Head Office. The Chief Development Officer, Allahabad on 31.05.1985 exercising power under Section 37 of U.P. Cooperative Societies Act, 1965 (hereinafter referred as 'Act of 1965') proceeded to pass orders to seize the records of the society, which were likely to be tempered. Despite the orders, the petitioner did not hand over charge and no inquiry could be proceeded. However, the Inquiry Officer on 01.07.1985 submitted his report on basis of certain records made available by a Clerk of society concerned, who produced whatever was available with him.

(3.) It was also found by Member of District Administrative Committee, PACCS as well as Regional Manager of U.P. Cooperative Bank Limited that petitioner had embezzled more than Rs. 50,000/- and further had withdrawn Rs. 26,947/- in his personal name from the funds of the society. Petitioner on 11.03.1985 had accepted the fact that as his wife was ill for last six months he had to take advance from the society and further prayed that in case his suspension was revoked he would deposit the entire amount within two or three months. It appears that District Administrative Committee in its meeting on 12.03.1985 took decision which was conveyed to petitioner on 22.03.1985 that in case he deposits 50% of the embezzled amount within a week and the documents of Sadhan Sahkari Limited Ibrahimpur are audited by Assistant Development Cooperative Officer/Additional District Cooperative Officer, Soraon, his suspension would be kept in abeyance. Further on 01.08.1985 a notice was published in Hindi Newspaper 'Amrit Prabhat' that petitioner should hand over the entire charge by 10.08.1985 at the Head Office otherwise his services will stand terminated. Despite the said publication, petitioner did not hand over the charge and, thereafter, in the meeting of District Administrative Committee held on 31.08.1985 resolution no. 5 was passed holding petitioner guilty for embezzlement of the funds of the society as well as not handing over the charge and retaining the documents with him and was dismissed from service.