ASHOK KUMAR SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) Petitioner was Deputy General Manager (Collection) at District Cooperative Bank, Fatehpur. In the year 2011 an inspection was conducted at Kishunpur Branch and Khakhreru Branch of said Bank under the provisions of Sec. 66 of U.P. Cooperative Societies Act, 1965 (hereinafter referred to as "Act, 1965") and a report was submitted where in Financial Years 2006-07, 2007-08, 2008-09 and 2009-10 at Kishunpur Branch and in Financial Years 2005-06, 2006-07, 2007-08, 2008-09 and 2009-10 at Khakhreru Branch various financial irregularities were came into light and embezzlement was running to the tune of Rs.1757.58 lacs and Rs.3007.43 lacs respectively. By a detail inquiry Cashier and Branch Manager of said Branches were found guilty and since petitioner and other Officers at Headquarter were also found guilty of omission of work, they were also held responsible. Relevant part of inquiry reports dtd. 3/9/2014 (in Writ-C No. 23458 of 2017) and 30/9/2014 (in Writ-C No. 23460 of 2017) submitted under Sec. 68(1) of Act, 1965 are reproduced hereinafter: <IMG>JUDGEMENT_48_LAWS(ALL)11_2025_1.jpg</IMG>

(2.) In aforesaid circumstances, the proceedings were initiated under Sec. 68 of Act, 1965 and notices were issued to erring Officers including petitioner on 19/9/2014 (in Writ-C No. 23458 of 2017) and 20/12/2014 (in Writ-C No. 23460 of 2017) as required under Sec. 68(2) of Act, 1965. Petitioner submitted his reply and denied the charges and relevant part of replies dtd. 16/10/2014 and 6/1/2015 respectively in both writ petitions are mentioned hereinafter: <IMG>JUDGEMENT_48_LAWS(ALL)11_2025_2.jpg</IMG>

(3.) In aforesaid circumstances, Joint Commissioner and Joint Registrar, Cooperative, Allahabad Mandal, Allahabad vide order dtd. 22/12/2015 considering the replies filed by erring Officers including petitioner found them guilty and fixed liability for recovery in terms of concerned applicable provisions. Liability of petitioner was fixed around Rs.33.00 lacs. Relevant part of order order dtd. 22/12/2015 is reproduced hereinafter: <IMG>JUDGEMENT_48_LAWS(ALL)11_2025_3.jpg</IMG>