PHULENA TEWARI Vs. STATE OF U P

JUDGEMENT

(1.) Janta Kendriya Upbhokta Sabakari Bhandar Limited, Deoria, (hereinafter referred to as the 'Bhandar') is a Central Co-operative Society registered under the U. P. Co-operative Societies Act. The Bhandar has a branch unit at Padrauna district Deoria wherein there used to be sale made of cloth and general merchandise goods. One Panchanand Tewari was appointed Salesman Incharge, Padrauna Branch by the Bhandar on January 24, 1967. Ram Prasad Misra (respondent) was Assistant Salesman. During September 2 to September 11, 1975, Panchanand Tewari was on leave. On the night of September 11/12, 1975, he was found dead at the railway track, Adrauna. A railway employee made report to the police in the early hours of the 12th, whereupon inquest took place and the shop located at Padrauna was placed under the police lock. Between September 24 to 30, 1975, inventory was prepared of the stock and the cash etc. inside the premises upon the lock being opened on the 25th. First information report was lodged by the Secretary, Bhandar at police-station Padrauna on November 24, 1975. The shortage allegedly noticed was as under : (i) goods : Rs. 1,99,779.44 ; (ii) cash : Rs. 203.61 ; (iii) dead-stock : Rs. 109.86.

(2.) Panchanand Tewari deceased had advances to his credit from the Bhandar in the amount of Rs. 5,516.88. The Bhandar laid claim for being reimbursed due to the shortage afore-mentioned as also the recovery of the advances. The claim was preferred by the Bhandar accordingly to the Registrar Co-operative Societies against Smt. Indra Dei (widow of Panchanand Tewari); Phulena Tewari and two others (brothers of Panchanand Tewari). The Assistant Salesman, namely, Ram Prasad Misra was also arrayed pro-forma. The reference was under Section 70 (1) (c) of the U. P. Co-operative Societies Act, 1965. This was passed over to the. Additional Registrar as Arbitrator, who gave his award dated December 21, 1976. Against the award there were three appeals filed under Section 98 (1) (h) of the Act to the Tribunal-one of these being by Smt. Indra Dei; the other by Ram Prasad Misra and the third by the Bhandar itself. These appeals were decided jointly by the Tribunal on August 18, 1977. Aggrieved Smt. Indra Dei has approached this Court by filing Writpetition No. 4254 of 1977; the other petition has been brought by the three brothers of Panchanand Tewari deceased. Both were heard together giving rise, as they do, to common questions.

(3.) Under the award the Arbitrator came to the finding that the liability of Panchanand Tewari could extend only upto the amount of the security furnished by him and, therefore, a sum of Rs. 14,986.88 could be realised by the Bhandar from his widow Smt. Indira Dvi on the death of Panchanand Tewari. Ram Prasad Misra, the Assistant Salesman, was found liable to the extent of Rs 8,371.06 only. Phulena Tewari and others-the brothers of Panchanand Tewari, were exonerated from all liability.