OM PRAKASH SENGAR Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the petitioner, Sri Mahesh Narayan Mishra, learned counsel for the respondent no.3 and Sri Satyam Singh, learned counsel for the respondents no. 1 and 2.

(2.) This petition has been filed challenging the order dtd. 2/8/2022 by which the Assistant Commissioner and Assistant Registrar, Cooperative Societies, Lalitpur has directed inspection to be conducted of Sadahan Sewa Sahkari Samiti Limited, Lagaun, Block Talbehat, District Lalitpur of which the petitioner is a Cadre Secretary.

(3.) It is the case of the petitioner that earlier also the Deputy Commissioner and Deputy Registrar, Cooperative Societies, Jhansi Division, Jhansi had directed inspection under Sec. 66 of the Society of the petitioner and an Inquiry Report was submitted on 9/2/2021, on the basis of which order was passed under Sec. 68(2) on 13/4/2022. The petitioner being aggrieved preferred an appeal before the Tribunal, namely, Appeal No. 64 of 2022, 'Brij Nandan Purohit and Others vs. Assistant Commissioner and Assistant Registrar, Cooperative Societies, Lalitpur' which was entertained and the order of recovery passed in pursuance of the order dtd. 13/4/2022 has been stayed by the Tribunal on 19/5/2022 and the appeal is pending before the Tribunal till date. Now a Second Inquiry has been ordered when the order passed under Sec. 68(2) has been stayed by the Tribunal. The inspection under Sec. 66 is barred by the Principle of Res judicata because once inspection has been made under Sec. 66 and Order of Surcharge was passed under Sec. 68(2), which is pending adjudication before the Tribunal, a second inspection could not be directed to be made.