- (1.) SUNIL Ambwani, J. A preliminary objection was taken by Sri H. R. Misra that the petitioner has also filed more than ten writ petitions in the matter, and that he is not entitled to any relief as he is absented himself from the society in an unauthorized manner since 16-1-1998, on account of which the answering respondents rightly terminated petitioner's services in accordance with bye law of the society. On these objections, counsel for petitioner was required to give the details of writ petitions filed by the petitioner. After giving counsel for petitioner several adjournments, it is found that this is the 16th writ petition filed by the petitioner in respect of same cause of action. It is a matter of serious concern for this Court that the petitioner has not received a single judgment on merits so far. Almost all the writ petitions were either dismissed or disposed of summarily without considering the grievance of the petitioner. No person however can be granted liberty to file repeated writ petitions and that the Rules of this Court prohibit filing of second petition for the same relief. Before considering the facts and submissions of the counsels of the parties, the details of the earlier writ petitions and the orders passed therein must be stated.
(2.) THE petitioner was appointed on 25-7-1983 as Accountant by Committee of Management, Muzaffar Nagar Paschimi Kisan Sewa Sahkari Samiti Ltd. (Primary Agricultural Credit Society registered under the U. P. Co-operative Societies Act, 1965 ). It is alleged that by resolution No. 2 dated 26-11-1996 the Committee of Management proposed to appoint petitioner as Secretary of the Society on a vacancy going to be caused on the retirement of earlier cadre secretary Sri Baleswar Dayal Sharma due to his superannuation on 31-3-1997. THE resolution was sent to Deputy Registrar, Co-operative Society Meerut and that on 30-1-1997 it is alleged that petitioner was appointed as Secretary and was directed to take over independent charge as Secretary and not in addition to his duties as Accountant. THE Committee of Management informed the Assistant Registrar, Co-operative Society, U. P. Muzaffar nagar that the petitioner has taken over charge. The Co-operative Society was affiliated to Branch Navin Mandi Sthal of District Co-operative Bank and used to repay loans borrowed from the Bank. On 26-2-1994, the Bank had disclosed a credit of Rs. 48,434. 89 towards the Society. The Society denied that it had not borrowed the amount from the Bank. The Bank, however, withdrew the amount from the account of the Society. The auditor of the Co- operative Society found that this amount was illegal and unauthorizedly realized by the Bank and directed Society to recover the amount from the Bank. They also issued note of warning to the officers of the department. Various letters were sent by the petitioner to refund the amount after which the Society passed a resolution dated 29-2-1997 authorizing petitioner as Secretary of the Society and filed Arbitration case against the bank. It is alleged that the resolution was approved by the District Development Officer, Co-operative Societies and Arbitration case for recovery of Rs. 48,434. 89 was filed on 13-11-1997. In the year 1996-97, Rs. 65,970. 00 was to be deposited by the Society as contribution to the District Primary Centralized Service Fund to obtain service of cadre secretary. It is alleged that the Society deposited only Rs. 48,438. 00 because the cadre secretary had retired on 31-1-1997 and that no cadre secretary was appointed or transferred by the District Administrative Committee. The Member Secretary and the Chairman of the District Administrative Committee withdrew Rs. 65,970 from the Society and in this manner the Society claimed Rs. 40,433. 00 from the Member Secretary and the Chairman of the District Administrative Committee. The amount was not refunded to the Society. The demand made by the petitioner from the Member Secretary, District Administrative Committee made the member secretary hostile towards the petitioner. A resolution was passed on 29-10-1997 by the Committee of Management authorizing petitioner to file Arbitration case against the Member Secretary and the Chairman of the District Administrative Committee. The District Assistant Registrar, Co- operative is the Member Secretary of the District Administrative Committee.
(3.) THE Committee of Management, it is alleged passed Resolution No. 6 dated 19-5-1997 whereby it requested Branch Manager, District Co-operative Bank, Muzaffarnagar to adjust Rs. 85,000. 00 from the loan account of the Society. It is alleged that this request did not find favour with the Manager of the Bank and that the Society was forced to pay 18% interest on the loans granted to the Society by the Bank. Whereas it was getting 5% interest in the saving account. THE Assistant Registrar, Co-operative Society and the Manager, District Co-operative Bank joined together and that the Assistant Registrar, Co-operative transferred one Sri Shushil Kumar Tyagi, Secretary/managing Director of one another Co- operative Society as Secretary/managing Director of the Society/respondent No. 3 and directed him to take charge from the petitioner. On 23-12-1997, the District Assistant Registrar passed an order charging petitioner for misuse of Rs. 1,12,576. 00 and also withdrew his powers to operate Bank account of the society. An enquiry committee was appointed against the petitioner. Sri Shushil Kumar Tyagi did not join duties. On 12-1-1998, the District Assistant Registrar, Co-operative passed an order modifying his order dated 19-12-1997 and directing the Assistant Development Officer, Co-operative to take charge of the Co-operative Society. On 12-1-1998, the Committee of Management passed Resolution No. 2 to challenge the order of District Assistant Registrar dated 23-12-1995. A writ petition No. 388 of 1998 was filed through the Vice President of the Society which was dismissed on 3-2-1998. On 12-1-1998, the Committee of Management of the Society passed Resolution No. 6 concerning the illegal adjustment and defalcation of the District Assistant Registrar and the District Co-operative Bank for Rs. 40,833. 00 and Rs. 48,435. 00 and for not adjusting Rs. 85,000 towards loan taken by the Society and also charging them to level false allegations against the petitioner for misuse of Rs. 1,12,576. 00 and decided to engage a lawyer to take legal action against them in Court. It is contended that on 16-1-1998 the petitioner came to Allahabad to consult the High Court lawyer to file a writ petition and when he returned, he found that Sri Shushil Kumar Tyagi had taken over charge of the Co-operative Society. In February, 1998, the tenure of the elected Committee of Management came to an end and that the District Assistant Registrar directed the Society to hold elections. On 18-3-1998, the Assistant Development Officer, Co-operative wrote a letter to the petitioner alleging that some enquiry has been held against the petitioner by the Additional District Co-operative Officer, who had held petitioner guilty of misappropriation of some amount. It is contended that the petitioner was not informed about the enquiry and that from the document available he found that the Committee of three members including the Additional District Co-operative Officer, Assistant Development Officer and Sri Shushil Kumar Tyagi cadre secretary held ex parte enquiry against him to victimize him on the instruction of the Assistant Registrar, Co-operative Society.;