- (1.) HEARD Sri N.C. Tripathi, learned counsel for the petitioner and Sri K.N. Mishra, learned counsel for respondent No.7, District Co -operative Bank Limited, Saharanpur.
(2.) PETITIONER was an employee of respondent No.7 (clerk cum cashier). There were allegations of misappropriation of the amount of the bank to the extent of Rs.3,63,000/ - against the petitioner. Matter was referred to the arbitrator under Section 71 of U.P. Co -operative Societies Act, 1965. The arbitrator gave the award on 08.06.1993 holding that petitioner had misappropriated an amount of Rs.1,87,000/ -. The award was given in Case No.76 of 1988 -89. The allegation was in respect of the dealings of 1977. The remaining amount was directed to be recovered from other employees.
(3.) BY virtue of Section 92 of the Act, recovery proceedings pursuant to the award could be initiated within 12 years from the date of the award (or within 12 years from the date fixed for payment in the award). Recovery proceedings for realising the amount of the award were initiated. The petitioner has challenged the recovery proceedings and orders passed therein through this writ petition only on the ground that proceeding were barred by time. The case of the petitioner is that the first application was given by respondent No.7 to the Collector on 04.03.2006 i.e. after about nine months from expiry of 12 years period (Para -18 of the writ petition). Through this writ petition sale proclamation dated 20.05.2006 and order of attachment of petitioner's land dated 29.04.2006 has been challenged. Writ of mandamus has also been sought to restrain respondents No.3 to 6, Zila Sahkari Nibandhak, Sahakari Samitiyan, Saharanpur, Collector, Deputy Collector and Tehsildar from continuing with the recovery proceedings pursuant to the award dated 08.06.1993. Prayer for demand of retiral benefits with interest of 12% per annum since 01.08.2002 (when petitioner retired) has also been made Learned counsel for respondent has argued that proceedings were perfectly within time as District Assistant Registrar Sahakari Samitiyan U.P. Saharanpur had sent the requisition for execution of the award as arrears of land revenue before 02.06.2005 and it was received on behalf of the Collector, Saharanpur on 02.06.2005. In this regard reference has been made to Annexure -7 to the counter affidavit which is letter dated 04.03.2006. The last page of the counter affidavit i.e. page -30 is copy of the application sent by District Assistant Registrar, Saharanpur (which was annexed to the letter dated 04.03.2006). At the bottom of the said application the following words and districts are mentioned: "Amin (Coop) To realise the dues as arrears of land revenue. For Collector, Saharanpur -2 JUNE 2005";