KAPOOR SINGH Vs. STATE OF H.P.

JUDGEMENT

(1.) A challenge has been laid by way of this petition to the order passed by the Additional Secretary (Co -operation) to the Government of Himachal Pradesh on 26.9.2005.

(2.) THE brief facts necessary for the adjudication of this patition are that the Petitioner was appointed as Accounts Clerk in Respondent No. 4 -Society on 30.4.1982. He joined his duties as Accounts Clerk on 1.5.1982. He left his job on 20.6.1983 after handing over the charge to one Shri Madan Lal, Clerk. It appears that there were some shortcomings in the accounts of Respondent -Society, which led to the initiation of arbitration proceedings under Section 72 of the H. P. Co -operative Societies Act, 1968. The award was made by the Arbitrator on 5.9.1989. The Arbitrator (Assistant Registrar Co -operative Societies) came to the conclusion that the dispute did not come fall under Section 72 of the Act but the same was required to be looked into under Sections 67 and 69 of the H.P. Co -operative Societies Act, 1968. The inquiry under Section 69(1) was initiated vide order dated 27.2.1991 issued by the Deputy Registrar, Co -operative Societies (Eastern Division). The inquiry was completed by the Assistant Registrar (Co -operative Societies) on 2.1.1995. The Petitioner admittedly was not associated during the course of the arbitration proceedings as well as during the course of the inquiry held by the Assistant Registrar Co - operative Societies dated 2.1.1995. The Petitioner was served with notice by the Inquiry Officer under Section 69(2) of the H.P. Co -operative Societies Act, 1968. He filed reply to the show -cause notice. According to the pleadings contained in the writ petition, the Petitioner had primarily stated in his reply to the show -cause notice that he was neither associated with the proceedings before the Arbitrator nor before the Inquiry Officer under Section 69(1) of the H.P. Co -operative Societies Act, 1968. The Deputy Registrar (Cooperative Societies) concluded the surcharge proceedings under Section 69(2) of the H.P. Cooperative Societies Act, 1968, (here -in -after referred to as the Act) vide order dated 28.9.2002. The Petitioner was directed to pay the amount as mentioned in the order of the Joint Registrar. The Petitioner preferred an appeal under Section 93 -1(G) of the H. P. Co -operative Societies Act, 1968 against the order passed by the Inquiry Officer during the surcharge proceedings before the Additional Secretary (Co -operation). The Additional Secretary (Co -operation) dismissed the appeal on 26.9.2005. He upheld the order of the lower authority to the effect that the Petitioner was liable to pay a sum of Rs. 15,004.28/ - alongwith interest at the rate of 9% per annum with effect from 20.10.2000.

(3.) THE learned Additional Advocate General and Shri Bhupender Singh Kanwar appearing on behalf of Respondent No. 4 had supported the judgment dated 26.9.2005.