SOHAN LAL KOTWAL Vs. ASSISTANT REGISTRAR CO OPERATIVE

JUDGEMENT

(1.) By the Court. In these two petitions the grievance of the petitioner is that he was not afforded proper opportunity to put across his point of view. Surcharge proceedings were initiated against him under the J & K Co-operative Societies Act of 1960. An order was passed by Assistant Registrar, Co-operative Societies on 31.3.1988. An appeal was preferred by, the petitioner. This appeal was dismissed in default on 14.7.1990. A revision was preferred before the J & K Special Tribunal. The Special Tribunal set aside the aforesaid order dated 14.7.1990 and directed the appellate authority to re-hear the matter. The appellate authority gave hearing to the petitioner. It found no justification to interfere with the order passed by the Assistant Registrar. An order was passed on 2.4.1996. This order was challenged before the Special Tribunal. The basic argument which was raised was that proper opportunity of hearing was not given to the petitioner. This argument did not prevail with the Special Tribunal. The revision petition stands dismissed. It is against the order passed by the Special Tribunal, the present petition has been preferred.

(2.) The question as to whether opportunity to defend was given or not, was gone into by the Tribunal. The dates which the petitioner was called upon to put across his point of view, has been noticed. For facility of reference, this paragraph is being re-produced below :

(3.) Notwithstanding this assertion, the petitioner still submits that he was not heard. His argument is that he should have been permitted to cross-examine one Mohan Lal. Mohan Lal's statement was recorded before the Assistant Registrar Co-operative Societies. Mohan Lal appeared before the Registrar, Co-operative Societies. He stated that he had nothing more to add. Opportunity was given to the petitioner to cross-examine the witness. He did not cross-examine him on the plea that the he should be furnished with copies of the record.