DHARAM PAL Vs. DEPUTY SECRETARY TO GOVERNMENT

JUDGEMENT

(1.) THE present writ petition has been filed under Article 226/227 of the Constitution of India for quashing of the orders dated 14.08.1991, Annexure P-4 whereby the Assistant Registrar, Cooperative Societies, Panipat had ordered the recovery of Rs.7497/- from the petitioner along with interest of 18% per annum from the date of embezzlement and the said order has been upheld in appeal on 23.03.1992(Annexure P-5) by the Deputy Registrar, Cooperative Societies, Karnal and subsequently, the revision was dismissed on 10.11.1993(Annexure P-6) by the Deputy Secretary, Cooperation, Haryana.

(2.) THE case of the petitioner is that while working as a Secretary of the respondent No.4-Society, the Society had initiated proceedings against Ajmer Singh, respondent No.5 who was working as Salesman in the said Society since Ajmer Singh had committed acts of omission and commission by defrauding the members of the Society and it was brought to the notice of the authorities that he was not performing his duties in accordance with the Act, Rules and bye laws.

(3.) AS noticed above, the orders were upheld in appeal by the Deputy Registrar and thereafter, in revision by the Deputy Secretary, Cooperation, Haryana. Resultantly, the petitioner has filed the present writ petition on the ground that there was no reference against him under Section 102 of the Act, and therefore, the order of recovery is not sustainable against him.