SHAHABAD COOPERATIVE SUGAR MILLS LTD Vs. SPECIAL SECRETARY TO GOVT OF HARYANA CORP
LAWS(SC)-2006-11-48
SUPREME COURT OF INDIA (FROM: PUNJAB & HARYANA)
Decided on November 10,2006

SHAHABAD COOPERATIVE SUGAR MILLS LTD. Appellant
VERSUS
SPECIAL SECRETARY TO GOVT. OF HARYANA CORP. Respondents

JUDGEMENT

- (1.) Leave granted.
(2.) Interpretation of Section 115 of the Haryana Co-operative Societies Act, 1984 (for short, 'the Haryana Act') calls for consideration in this appeal which arises out of a judgment and order dated 12.9.2005 passed by the Punjab & Haryana High Court in Civil Writ Petition No.19569 of 2003.
(3.) Appellant is a cooperative society registered under the Co-operative Societies Act. Respondent was appointed as Chief Accounts Officer in the Appellant mill. On the ground that he has committed misconduct, two charge-sheets were issued to him containing the following charges : "(a) He failed to check and control the Mill accounts, which resulted into issuance of false receipts of cheques/cash/demand drafts thus putting the Mill into financial losses. (b) Failing to control the Mills Funds resulting into crores of rupees lying in cash credit limit thus putting the Mill to huge financial losses. (c) Removal of official records from the office for personal use. (d) Approval of tour programme of Security Guards for the months of December, 1995, January, 1996 and February, 1996 without his signatures. (e) Availing of leave from 23.3.95 to 25.3.96 on false pretexts. (f) Verifying that Smt. Veena Sharma was an employee of the Mill entitling her to get benefits, whereas she has never been the employee of the Mill. (g) Did not attend the hearing of Courts in criminal complaints filed on behalf of the Mill under 138 of Negotiable Instruments Act. (h) Inspite of rejection of his leave, still remained absent from duty w.e.f. 18.5.96 to 25.5.96.";


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