S.K. SUD Vs. FINANCIAL COMMISSIONER

JUDGEMENT

(1.) THIS is an intra -court appeal, under Clause X of the Letters Patent, against an order dated 25.11.2013, vide which Civil Writ Petition filed by the appellant was dismissed.

(2.) ORDERS dated 14.05.2007 (Annexure P -8) and 30.06.2005 (Annexure P -7), that were in question before the learned Single Judge, reveal that the appellant was charge sheeted on as many as 12 counts for various acts of omission and commission and out of which 5 were proved against him culminating into an order of recovery of sum of Rs. 10, 67, 470/ -, on account of the losses he had caused to SPINFED (respondent No. 4). Summary of the proved charges vis -à -vis financial implications reads as thus:

(3.) APPELLANT served as Chief Executive in SPINFED's affiliated mills, namely, Mansa Cooperative Spinning Mills Ltd. and Abohar Cooperative Spinning Mills Ltd. between 1980 to 1992. While in service appellant was charge sheeted for committing various acts of omission and commission on 20.10.1993. Instead of filing reply to the chargesheet, appellant submitted his resignation that was accepted by the then Managing Director of SPINFED, and chargesheet was dropped. Inspector Audit, Cooperative Societies of CSM, Abohar brought out in his report, for the financial year 1991 -1992, serious lapses/irregularities committed by the appellant, during his tenure as Chief Executive of Abohar Mill. Pursuant to the preliminary inquiry, conducted by the Additional Registrar(G), Cooperative Societies, Punjab, it was found that there did exist prima facie proof against the appellant for having caused losses to the CSM Abohar and Mansa Mills. He was found to have acted contrary to the rules and byelaws of the respective Societies while managing their affairs. As the audit report coupled with the findings recorded in the preliminary inquiry, unraveled the willful negligence of the appellant vis -à -vis the interest of the Mills, the RCS, Punjab ordered an inquiry under Section 54(1) of the Punjab Cooperative Societies Act, 1961 (for short, 'the Act'). Additional Registrar(G), Cooperative Societies, Punjab and vide report dated 14.02.2005, found the appellant guilty of five charges. Copy of the inquiry report was duly delivered to the appellant and he was also afforded personal hearing, in terms of Sub Section 2 of Section 54 of the Act, by the Registrar, Cooperative Societies, Punjab on 27.04.2005. On a consideration of the matter and the material on record, the competent authority under Sub Section 2 of Section 54 of the Act ordered recovery against the appellant in consonance with the provisions contained in the Act. Appeal preferred against the said order, under Section 68 of the Act, was dismissed vide order dated 14.05.2007 by respondent No. 1. These were the orders that were assailed by the appellant vide the civil writ petition before this court.