R.K.Agrawal, J. - (1.) Bunni Lal Chaurasia appellant writ petitioner has filed the present special appeal against the Judgment and order dated 4.9.1997 passed by the learned single Judge whereby the writ petition filed by the appellant writ petitioner has been dismissed.
(2.) Briefly stated that facts giving rise to the present special appeal are as follows : "The appellant writ petitioner was appointed as Co-operative Supervisor in the U.P. Cooperative Federal Authority on 28.6.1978. He was working at Kisan Sewa Sahkari Samiti Ltd. Vigrameer, Vikas Khand Sameriyawan, tehsil Khalilabad district Basti and was confirmed on the said post on 5.11.1988, He was placed under suspension vide order dated 13.9.1990. Two separate charge-sheets were served on him on 6.11.1990 and 19.9.1991 which was duly replied by him on 4.12.1990 and 4.10.1991 respectively. The Inquiry Officer has conducted the inquiry and submitted his report on 11.11.1991. The Inquiry Officer found the appellant writ petitioner guilty in respect of charge Nos. 4, 5, 8, 11 and 12. However, the Inquiry Officer found that the Charge Nos. 1, 2, 3, 6, 7, 9 and 10 were not proved against him. The Inquiry Officer also recommended appropriate action under Section 68 of the U.P. Cooperative Societies Act (hereinafter referred to as the Act) to be initiated against the appellant writ petitioner in order to determine the amount of loss caused on account of breach of trust, wilful negligence, etc. The proceedings under Section 68 of the Act were initiated against him. According to the report dated 30.6.1992, a sum of Rs. 1,34,742.38 was found to be recoverable from the appellant writ petitioner under Section 68 of the Act. A show cause notice was issued by the Chairman. Regional Committee on 13.7.1993 calling upon the appellant writ petitioner to show cause. The Regional Committee fixed 29.7.1993 as the date for consideration of the matter. When the appellant writ petitioner did not submit any reply to the show cause notice, a notice was published in Hindi dally news paper "Dainik Jagran" on 25.11.1993. Another notice was sent by Registered Post to the appellant writ petitioner on 4.12.1993 fixing 21.12.1993, but for the reasons best known to the appellant writ petitioner he did not appear and, therefore, on the date fixed, i.e., on 21.12.1993, the Regional Committee, after considering the entire material on record, passed an order dismissing the appellant writ petitioner from service and also for recovery of Rs. 1,49,860.03. This amount of Rs. 1,49,860.03 p. included the amount of Rs. 1,34,742.38 found to be recoverable from the appellant writ petitioner under Section 68 of the Act and a sum of Rs. 15,177.65 which was found by the Inquiry Officer to have been embezzled by the appellant writ petitioner. The Chairman, Regional Committee, Co-operative Societies communicated the resolution passed by the committee to the appellant writ petitioner vide order dated 20.1.1994. The said order was challenged by the appellant writ petitioner before this Court by means of a writ petition which has been dismissed by the learned single Judge by the impugned judgment and order dated 4.9.1997."
(3.) We have heard Sri K. M. Mishra learned counsel for the appellant writ petitioner and Shri K. N. Mishra learned counsel for the respondents.;