DHARAM PAL CHHACHHIYA Vs. JOINT SECRETARY HARYANA

JUDGEMENT

(1.) The Ganaur Co-operetive Marketing Society Limited, Ganaur (respondent No.4) raised a demand referred in arbitration case under Section 55 56 of the Punjab Co-operative Societies Act, 1961, as applicable to Haryana (hereinafter called the Act) for a sum of Rs. 17839.93 paise as principal amount and Rs. 1013.40 paise as interest upto 31 1 1980 @ 14% per annum, totalling Rs 18,923.35 paise against its Fx-Manager Dharam Pal (the writ petitioner) and one Shri Jhaber (respondent No. 5) Alongwith seeking an arbitration the Society also initiated criminal proceedings against Shri Dharam Pal, petitioner. The District Manager, HAFED Sonepat sent a complaint to the police on the basis of which a criminal case bearing F I R No 137 dated 26 8 1979 was registered agains the accused Dharam Pal for Offences under Sections 467/471/406 409, I P C. In this way, criminial proceedings as well as arbitration proceedings were got initiated by the aggrieved Society simultaneously on identical charges the detaile of which are as under ;

(2.) Vide order dated 24.12. 1981 (Annexure P 7) Assistant Registrar acting as Arbitrator rejected the arbitration claim of the Society, exonerating the petitioner from all charges Against this order the Society (respondent No 4) went in appeal which was allowed and the matter was remanded back for fresh decision as per directions in the order by the Deputy Secretary Co-operation vide its order dated 28 7 1982 (Annexure P 8). After remand, the arbitration case in question was decided by the Arbitrator vide order dated 30.7.1983 by Shri Sis Ram Yadav, Deputy Registrar, Co-operative Societies, Rohtak (Annexure P-9). Vide this order, the petitioner was absolved of charge No. 4 pertaining to Rs. 854 71 paise only Regarding other charges, liability was fastened upon the petitioner. The petitioner feeling aggrieved against this order (Annexure P-9) filed an appeal which was disposed of by shri J. C. Kanwar, Additional Registrar (Marketing) vide order dated 24 .5.1985 (Annexure P 10) In this appeal, liability under charge No. 4 was also fastened upon the petitioner and as such, the entire claim of the Society of principal amount of Rs. 1783995 Paise was granted in favour of the Society Against this order, a revision petition was filed by the petitioner befone the Government which was dismissed by Shri Dalip Singh Joint Secretary, Co-operation Department vide order dated 1.2 1990 (Annexure P 11).

(3.) It is relevant to mention here that vide judgment dated 11.10.1983 (Annexure P 4), the Judicial Magistrate 1st Class, Sonepat acquitted the petitioner in the aforesaid criminal case No. 271/2 of 3. 11.1980 arising out of F. I. R No 137 daied 26.8-1979 of Police Station Ganaur The Judicial Magistrate acquitted the petitioner primarily on the ground that the arbitration proceedings and criminal proceedings cannot go together on the same facts and further observed that vide award dated 24 12 1981 (Ex. P I), petitioner had already been absolved. These observations of the learned Magistrate prima facie are not correct particularly when the said award dated 24 .12. 1981 had been set aside in appeal and after remand of the matter liability had been fastened upon the petitioner in the arbitration proceedings vide order dated 30-7- 1983 (Annexure P 9). The matter does not rest here. Even if the petitioner had obtained an erroneous order of acquittal yet the departmental proceedings were initiated against him and vide order dated 11 7 1990 (Annexure P. 6), the Managing Director of the HAFED awarded a punishment of warning in his character rolls of the petitioner and specifically took into account the pendency of the arbitration proceedings as a mitigating circumstance on the point of punishmtnt with a further observation that this departmental action was being taken without prejudice to the pending arbiTration proceedings.