ASTER BEG Vs. JOINT SECRETARY AND OTHERS

JUDGEMENT

(1.) The present petition has been filed for issuance of a writ in the nature of certiorari for quashing of impugned order dated 29.3.2006 (Annexure P-3) as well as notice of recovery dated 3.11.2006 (Annexure P-4).

(2.) Briefly, the facts of the case as made out in the petition are that the petitioner was working as Secretary with Mirchpur Cooperative Credit and Service Society Ltd., Mirchpur, Tehsil Hansi, District Hisar.

(3.) Respondent No. 9 placed an order for supply of 500 litres of pesticides monocil to be sold to the farmers. As per case of the petitioner, the order was sent by respondent No. 9 at his own level without any consultation with the society. The petitioner could sell only 180 litres of said pesticide inspite of making efforts and the remaining could not be sold out due to date of expiry. The petitioner wrote many letters to respondent No.4 as well as other officers to take back the balance stock of the pesticide but no effect. The responsibility was fixed for not taking back the said pesticide as a loss was caused to the respondent-Society. The matter was referred to the Arbitrator and as per award dated 29.8.2002, The Hissar District Central Cooperative Bank Ltd. Hissar was directed to pay total amount of Rs. 1,68,928/- including the interest to the Mirchpur Cooperative Credit and Service Society within a period of 60 days. It was also ordered that the said amount was to be recovered from Ex-Branch Manager-Bhim Singh (respondent No.9) and in case the said amount was not paid within a period of 60 days, the then Managing Director of the Society had a right to recover the same by getting arrest warrant or by putting to auction the immoveable or moveable property of respondent No.9. The said award was challenged by respondent No.9 by way of filing an appeal under Section 114 of Haryana Cooperative Societies Act, 1984 (hereinafter referred to as 'the Act') before Deputy Registrar, Cooperative Societies, which was dismissed on 16.4.2003. Thereafter, the order passed in appeal was challenged by way of filing revision petition before Joint Secretary to Government Haryana, Cooperative Department, Chandigarh, which was partly allowed and respondent No. 9 as well as the petitioner were held liable for the loss and the amount of loss was ordered to be recovered from both of them in equal shares. On the basis of order passed in revision, a notice for recovery was issued to the petitioner. Both the orders passed in revision and as well as notice of recovery are subject matter of challenge in the present petition.