S.P. GUPTA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioner has filed the instant petition against the order dated 13.6.2008, passed by the Additional Registrar (G), Co-operative Societies, Punjab, vide which the revision petition filed by the petitioner under Section 69 of the Punjab Cooperative Societies Act, 1961 (hereinafter referred to as 'the Act') against the order dated 14.9.2007, passed by the Board of Directors of the Punjab State Federation of Co- operative Milk Producers Union Limited (Milkfed), has been dismissed, being not maintainable.

(2.) IN the present case, when the petitioner was posted as General Manager in the Head Office and was about to retire from service, he was served with a charge sheet dated 22.5.2006 on account of certain irregularities of allowing the credit sale to the various parties and for not getting the recoveries effected, which resulted into loss to the Milkfed. To the said charge sheet, reply was filed by the petitioner, which was not found satisfactory by the disciplinary authority. Consequently, an Enquiry Officer was appointed. The Enquiry Officer, after providing opportunity to the petitioner to defend himself and full opportunity of hearing, held him guilty of some of the charges. Copy of the enquiry report was supplied to the petitioner and after considering the entire matter, the disciplinary authority passed the order of penalty dated 30.1.2007, ordering the recovery from the petitioner, to the extent of 50% of the total loss of Rs. 18,64,559.32 and Rs. 3,84,093/- as interest. Feeling aggrieved against the said order, the petitioner filed appeal under Rule 2.4 of the Milkfed Common Cadre Service Rules, 1980 (hereinafter referred to as 'the Service Rules'), before the Board of Directors of the Milkfed. The appeal was also dismissed. The said order was challenged by the petitioner by way of revision petition under Section 69 of the Act before the Registrar, Co-operative Societies, Punjab. Vide the impugned order dated 13.6.2008, the revision petition has been dismissed, while observing as under :

(3.) NEITHER the petitioner has assailed the orders passed by the disciplinary authority and the Appellate Authority in the writ petition nor any argument in this regard has been raised, during the course of arguments.