ASHOK KUMAR Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Radhey Shyam Misra, learned counsel for the petitioner. Sri Satya Prakash Srivastava, learned counsel has put in appearance for opposite parties no. 3 and 4 whereas Sri Ashish Sinha, learned Standing Counsel has appeared on behalf of the State.

(2.) This writ petition is directed against the orders contained in Annexure-3, 4 and 5. Insofar as the impugned order contained in Annexure-3 and 4 are concerned, the same relate to the surcharge, action whereof was taken in terms of Section 68(1) and (2) of U.P. Cooperative Societies Act, 1965 (hereinafter referred to as the Act).

(3.) The order of surcharge passed under Section 68(1) and (2) of the Act is subject to an appeal. The competent authority is also empowered to pass a consequential order under Section 68(3) of the Act which remains subject to appeal.