Rakesh Tiwari, J. - (1.) This writ petition has been filed challenging the order dated 8.10.1999 passed by the Co-operative Tribunal and the order dated 4.5.1994 passed by the District Assistant Registrar, Cooperative Societies, U. P. Varanasi. These orders have been appended as Annexure-1 and Annexure-2 respectively to the writ petition.
(2.) The brief facts of this case are that the petitioner was appointed as Accountant in Sadhan Sahkari Samiti in the year 1961, and was promoted on the post of Sachiv in the said Samiti in the year 1978. While working as Sachiv of the Samiti, Anai Block Badagaon, district Varanasi, certain charges were levelled against him and he was put under suspension. The Upper Zila Sahkari Adhikari, Sadar, Varanasi, was appointed as inquiry officer and an ex parte report was submitted by him.
(3.) By the impugned order dated 4.5.1994, the District Assistant Registrar, Co-operative Societies, U. P., Varanasi, passed an order under Section 68 (2) of the Act declaring the petitioner to be disqualified to work as Sachiv in the Samiti unless he refunds the amount embezzled by him. However, thereafter the order of suspension was recalled by an order dated 5.5.1994 by the Member Secretary. The petitioner filed a review application against the order dated 4.5.1994, but that review application moved by the petitioner was not maintainable, as such he filed an appeal under Section 98 (g) of the U. P. Co-operative Societies Act along with an application under Section 5 of the Limitation Act supported by an affidavit explaining the delay before the Co-operative Tribunal.;