JAHANGIR RAJA WILLIAM SINGH Vs. COOPERATIVE TRIBUNAL

JUDGEMENT

(1.) Heard the learned counsel for the petitioner, Shri Nakul Dubey for the opposite party No. 2 and the learned standing counsel for the opposite party No. 1.

(2.) This is a writ petition for issuing a writ in the nature of certiorari quashing the impugned award dated 27,3.1998 (Annexure-1), pronounced by the Arbitrator under Section 70 of the U. P. Co-operative Societies Act, 1965, the judgment and order dated 11.5.1999 (Annexure-2) and the order dated 27.5.2003 (Annexure-3) passed by the Co-operative Tribunal, U. P., Lucknow.

(3.) The petitioner worked as Secretary of Asha Pushp Vihar Sahkari Avas Samiti Ltd., Ghaziabad (hereinafter referred to as 'Samiti') during the period from 1982 to 9.3.1993 when his services were terminated and the said termination order is sub-judice in some other writ petition in the High Court. Asha Pushp Vihar Sahkari Avas Samiti Ltd., Ghaziabad is a primary co-operative housing society. The Secretary of the Samiti sent a letter on 12.3.1997 to the petitioner for giving details of the deposits received by the petitioner in cash and through pay orders by different persons. The petitioner was charged that he had not deposited the pay orders as well as the cash amount received from different persons in the Bank and he was charged for embezzlement and he was asked to explain the details of those amounts which have been given in para 8 of the writ petition and in the letter dated 12.3.1997 (Annexure-4). The petitioner sent a reply on 20.3.1997 (Annexure-5). A perusal of the reply (Annexure-5) dated 20.3.1997 shows that he nowhere denies that such amount as stated in Annexure-4 were received by him or if, these amounts were received, he nowhere stated that those amounts were deposited in a particular Bank. After that the Secretary of the Samiti, the opposite party No. 3 filed an Arbitration Case No. 70 of Co-operative Societies Act on 26.7.1997 for recovery of Rs. 94,000.