- (1.) Heard learned Counsel for the petitioner and Sri Prafull Kumar, learned Counsel for respondent no. 1.
(2.) Notice to the opposite party no. 2 is dispensed with. By means of the present petition the petitioner has challenged the order dated 18. 11. 2019 passed by Cooperative Tribunal, Uttar Pradesh, Lucknow in appeal no. 34 of 2019. The main relief sought is as under:- "(i) Issue a writ, order or direction in the nature of Certiorari to quash the impugned judgment and order dated 18. 11. 2019 passed by Cooperative Tribunal, U. P. , Lucknow in appeal no. 34/2019, contained as ANNEXURE NO. 1 to this writ petition. "
(3.) The brief facts of the case are that the respondent no. 2/ Loknath Shukla was appointed on the post of Accountant on 13. 07. 1991 in Kisan Sewa Sahkari Samiti Kalyanpur, Block Ikauna District Shrawasti (hereinafter referred as "Samiti"). It is stated that the respondent no. 2 committed financial irregularities and with respect to the same, three inquiry reports dated 09. 07. 2014, 22. 09. 2015 and 26. 10. 2016 were submitted before the competent authority. After submission of inquiry reports, the Commissioner cum Registrar, Cooperative Societies, U. P. , Lucknow, sent a letter dated 27. 07. 2016 to the Joint Commissioner and Joint Registrar, Cooperative Societies U. P. , Devi Patan Mandal Gonda, whereby directed to initiate disciplinary proceedings and lodged an FIR against the respondent no. 2. It is further stated that FIR was lodged as Case Crime No. 2893 of 2016, under Section 409 / 120B IPC, at Police Station Ikauna, District Shrawasti and investigation is under process. On the basis of inquiry report dated 09. 07. 2014, 22. 09. 2015 and 26. 10. 2016, proceedings under Section 38 of U. P. Cooperative Societies Act 1965 were also initiated against the respondent no. 2 vide letter dated 28. 11. 2018 and he was called upon to submit his reply. On 12. 12. 2018, the respondent no. 2 submitted his reply before the Joint Commissioner and Joint Registrar Cooperative, Devi Patan Mandal Gonda, who passed the punishment order dated 18. 01. 2019. Aggrieved by the order dated 18. 01. 2019, the respondent no. 2 preferred an appeal bearing Appeal No. 34 of 2019 under Section 98 of U. P. Cooperative Societies Act 1965 before the Appellate Authority. Thereafter, reply dated 03. 08. 2019 and 08. 08. 2019 were submitted on behalf of the Samiti. After considering the rival submission of the parties, the appellate authority allowed the appeal vide its order dated 18. 11. 2019 and remanded back the matter to the Joint Commissioner and Joint Registrar of the Cooperative, Devi Patan Mandal Gonda, for deciding the matter a fresh within a period of six months from the date of production of the order. The relevant portion of order dated 18. 11. 2019 reads as under:- . . . . [VARNACULAR TEXT OMITTED]. . . . ;