GH AHMAD RATHER Vs. STATE OF J&K

JUDGEMENT

(1.) CIRCUMSTANCES under which this petition has come to be filed be noticed.

(2.) PETITIONER came to be employed as Branch Manager, Anantnag Central Cooperative Bank. He is said to have misappropriated some amount. Surcharge proceedings were initiated in two cases. This was done under Section 62 of the Jammu and Kashmir Cooperative Societies Act 1960. It was found that the petitioner was to pay a total amount of Rs. 1, 42,880.50/ - in both the cases. Petitioner preferred an appeal. This appeal came to be dismissed. Petitioner thereafter preferred a revision petition. This revision came up for hearing before Revisional authority. Order annexure ˜E˜ was passed. This reads as under: -

(3.) FURTHER fact is that on 18th of October 1984 another order came to be passed. This order was passed by the General Manager of the Bank. It was mentioned therein that as the petitioner had embezzled/misappropriated a sum of Rs. 1, 42,880 -50/ -. This determination was made in surcharge proceedings held in terms of Section 62 of the Jammu and Kashmir Cooperative Societies Act 1960. The petitioner was asked to show cause as to why his services be not terminated. The petitioner was asked to give reply within 10 days. The petitioner did not reply to the show cause. His services were terminated. The petitioner approached the Minister Concerned. The concerned Minister gave a direction to the effect that the petitioner be re -employed. On passing of this order petitioner came to be re -employed vide annexure G. This order contained a recital that the petitioner would pay amount determined under Section 62 of the J&K Cooperative Societies Act 1960 in monthly instalments.