- (1.) The Petitioner prays for writ of certiorari and mandamus. The order dated 11-7-89, impugned in this writ petition is prayed to be quashed. A direction is sought against the Respondents not to realise the amount of Rs. 6,36,201,50 which is alleged to have been embezzled by the Petitioner, by any coercive process;
(2.) The facts may be summed up as below: The Petitioner is said to have been appointed as Co-operative Supervisor by the Deputy Registrar on 15-4-69. Initially, he was posted at Bijnor. From Bijnor the Petitioner was transferred to Moradabad. From there he was posted at Budaun. On 30-7-81 the Petitioner is said to have been placed under suspension on the charge of embezzlement. The enquiry officer found that a sum of Rs. 49,517 81, was embezzled by the Petitioner. A charge sheet was prepared against the Petitioner. The enquiry report was not accepted. A further enquiry was ordered against the Petitioner in respect of the embezzlement at the same seed store, in respect of which the earlier charge was framed. An additional sum of Rs. 7060/- was said to have been embezzled by the Petitioner. A further charge-sheet was served on the Petitioner. The Petitioner was made liable to pay a sum of Rs. 56,771 81. The Petitioner was directed to deposit the same sum by an order dated 16-4-85. The Petitioner is said to have deposited Rs. 30,000/-on 18-5-85. The Petitioner was reinstated subject to his depositing a further sum of Rs. 10,000/- The balance amount was to be deposited by the Petitioner in four instalments. The Petitioner was to be taken in service and assigned the duties. However, it was made clear that except subsistence allowance, the Petitioner would not be paid any amount of salary. An adverse entry was to be recorded in his character roll.
(3.) The Petitioner is said to have been posted at Kariamai on 11-1-86, wherefrom the Petitioner was transferred to the office of the Assistant Registrar on 3-10-87. The Petitioner is said to have requested the District Assistant Registrar to depute some one to take over charge from the Petitioner which he could not hand over to any one and without which it was not possible to join on the post at new place. Between 5-11-87 to 8-11-87 there were holidays. The Petitioner had proceeded on leave thereafter from 9-11-87 to 12-11-87. During this period the locks of the store were broken open by Sri Tungal Singh. On his return from leave, the Petitioner found that there was nothing in the store and lodged a report at Police Station Islamnagar. The Petitioner, thereafter, joined in the office of District Assistant Registrar and proceeded on leave. The Petitioner was informed on 16-10-88 about the contents of letter dated 29-9-88 that fresh charges in respect of the same period had been framed and the Petitioner was again placed under suspension. The Petitioner is said to have requested the authorities by his letter dated 20-10-88 to permit him to take inspection of the record of the Society so that he may be able to submit his reply to the charges levelled against him. No heed was paid to his request and the enquiry is said to have been conducted at the back of the Petitioner. The enquiry report was submitted to the Deputy Registrar Co-operative Societies, Bareilly for orders. On the Basis of the enquiry report an order was passed by the Deputy Registrar, Co-operative Societies, Bareilly, whereby the Petitioner was removed from service and was directed to pay a sum of Rs. 6,36,201-50;