- (1.) HEARD Sri K.N. Mishra, learned counsel appearing for the petitioner.
(2.) THE petitioner is a Secretary in Sharah, Barauliya Sadhan Sahkari Samiti Ltd., Barauliya, Badaun (hereinafter referred to as 'Society') being a primary cooperative society under the provisions of U.P. Cooperative Societies Act, 1965 and rules framed thereunder. The District Assistant Registrar on 25.1.2008 directed an enquiry under Section 68(1) of the Act against the petitioner and on the enquiry report the Assistant Registrar passed an ex -parte order on 2.11.2011 holding the petitioner guilty of misappropriating Rs. 16,375/ -. Thus directing the amount to be deposited along with the interest. Aggrieved the petitioner preferred an appeal before the U.P. Cooperative Tribunal under Section 98 (g) of the Act on 13.12.2011 which was dismissed by the Tribunal. Aggrieved the petitioner preferred Writ Petition No. 15858 of 2013 which was dismissed by the Court on 20.3.2012 and the penalty of Rs. 16,375 imposed upon the petitioner attained finality.
(3.) IN the meantime, on the application of the petitioner, the bank on 26.9.2012 informed that the bank had not made payment on 31.3.2002 for encashment of any cheque, hence, on the information received the petitioner approached the District Assistant Registrar for re -enquiry in the matter as no loss was caused to the society, instead of ordering re -enquiry, the District Assistant Registrar by the impugned order dated 6.4.2013 passed under Section 68(3) of the Act debarred the petitioner for a period of 5 years to hold any post in the society. The order dated 6.4.2013 is assailed in the writ petition.;