RAKESH TIWARI, PRADEEP KUMAR SINGH BAGHEL, J. - (1.) BY means of this writ petition the petitioner has challenged the notice dated 28th May, 2007 issued by the respondent no. 2 i.e. Joint Registrar, Co -operative Societies, Azamgarh Mandal, Azamgarh, under Section 68 of the Uttar Pradesh Co -operative Societies Act, 1965, whereby the petitioner has been called upon to submit his reply in connection with recovery of Rs.24.98 lakhs.
(2.) THE essential facts are that the District Co -operative Bank Limited, Ballia (for short, the "Bank") is a Central Society registered under the Uttar Pradesh Co -operative Societies Act, 1965 (for short, the "Act"). The petitioner at the relevant point of time was posted as Branch Manager of Rampur Branch of the Bank, where he was posted from 22nd February, 1989 to 15th November, 1994 and thereafter again from 29th August, 1998 to 05th March, 2002. It is stated that the petitioner was subjected to disciplinary proceedings in terms of the U.P. Co -operative Societies Employees Service Regulation, 1975 (for short, the "Regulations") in connection with the charges of financial irregularities, embezzlement and misappropriation of fund. On 11th June, 2002 he was placed under suspension. The Administrative Committee of the Bank vide its order dated 25th September, 2004 took a resolution to reinstate the petitioner provisionally. Thereafter, after conclusion of disciplinary proceedings, the Administrative Committee lay a resolution dated 11th February, 2005 and reinstated the petitioner by imposing following punishments: (i) Except subsistence allowance, the petitioner will not be entitled for any salary during the suspension period; (ii) His one annual increment is withheld permanently; and (iii) It would be open to the bank to recover the pecuniary loss, if any, caused by him in terms of Section 68 of the Act. A copy of the decision of the Administrative Committee under the seal and signature of Secretary/ General Manager of the Bank has been brought on record as annexure -3 to the writ petition.
(3.) THE petitioner accepted the aforesaid punishments and he was reinstated in service. On 31st January, 2007 he retired on attaining the age of superannuation.;