ROSHAN LAL Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The writ petition is taken up with the consent of both Counsel for final disposal.

(2.) The third respondent was an employee of the Ghati Bilwan Agricultural Services Co-operative Society Limited, of which the petitioner is the President of the Managing Committee. By a resolution dated 21.3.1989, the third respondent was removed from service. According to the petitioner, a copy of the resolution was forwarded to the Registrar for his opinion but as there was no reply, another resolution was passed on 22.4.1989 by which the services of the third respondent were terminated.

(3.) The third respondent preferred an appeal to the Assistant Registrar. Co-operative Societies, Dhera, District Kangra, who passed an order dated 27.3.1991. The Assistant Registrar found that the third respondent had admitted that a sum of Rs. 1,900/- out of the society funds was embezzled by him, but he submitted that he will not be able to pay immediately as his financial position was not well. Inspite of the said finding of the Assistant Registrar that there was in admission of embezzlement by the third respondent, he directed that the third respondent will be employed as Salesman instead of Secretary at a salary of Rs. 650/- per month and that the Managing Committee should scrutinise his work and conduct and if it was found unsatisfactory his services could be terminated. He also added that if his work was found satisfactory, he should be given change to the post of Secretary. By the same order, the Assistant Registrar dealt with one Kuldeep Kumar, who was then working as Secretary and Salesman, who was held guilty of embezzlement the Assistant Registrar observed that there were only some shortages in the stocks but in view of age and service of said Kuldeep Kumar, he was continued to perform the services as Secretary and Salesman at a salary of Rs. 700/- per month. We are not concerned with the case of Shri Kuldeep Kumar in this writ petition as it is not brought before us by any interested person.