Ashok Bhushan, J. - (1.) Heard Sri K.N. Mishra, learned Counsel for the petitioner and Sri Ajit Kumar Singh appearing for the respondents.
(2.) By this writ petition the petitioner has prayed for quashing the order dated 13th February, 2001 passed by Secretary/General Manager, Deoria Kasaya Zila Sahkari Bank Limited, Deoria directing for recovery of an amount of Rs. 27,628/- with 5.50% interest from the gratuity of the petitioner.
(3.) Brief facts necessary for deciding the writ petition are; the petitioner, who was working as Clerk-cum-Cashier at Baitalpur Branch of District Cooperative Bank, Deoria, while bringing cash of Rs.6,00,000/- from the head office to the Branch was intercepted by miscreants and the said amount was looted. The Deputy Registrar, Cooperative Society initiated proceedings under Section 68 of the U.P. Cooperative Societies Act, 1965 (hereinafter referred to as the Act) and by order dated 7th July, 1995 directed recovery of 35% of the balance amount of Rs. 6,00,000/after deducting the claim allowed by the insurance of Rs. 4,00,812/- . The Deputy Registrar directed recovery of the balance amount which comes to Rs. 1,84,188/- by recovery 30% from Devendra Nath Mishra, the Branch Manager, 35% from the petitioner and 35% from Awadhesh Singh, the Guard. In the disciplinary proceedings the Board of Directors directed for recovery of the balance amount from the petitioner and Awadhesh Singh, the Guard to the extent of 50- 50 percent vide its resolution dated 6th July, 1995. The Secretary/General Manager passed order dated 13th July, 1995 directing recovery of Rs. 99,594/- from the petitioner and also recovery of the same amount from Awadhesh Singh. The Secretary of the Bank vide order dated 21st July, 1995 has modified the earlier order dated 13th July, 1995 and reduced the amount of recovery from the petitioner from Rs. 99,594/- to Rs. 64,466/- . Against the order dated 21st July, 1995 the petitioner had filed a writ petition being Writ Petition No. 37559 of 1995 which has been dismissed by order of the date. The amount of Rs. 64,466/- has already been recovered from the petitioner. Devendra Nath Mishra against whom order was passed for recovery of 30% of the balance amount, i.e., Rs. 55,256/- , filed an appeal before the Cooperative Tribunal, U.P., Lucknow. The Tribunal vide its order dated 17th June, 1998 allowed the appeal of Devendra Nath Mishra and set-aside the order of exchange passed against Devendra Nath Mishra by Deputy Registrar dated 7th July, 1995. The Bank filed an application to review the order dated 17th June, 1998 which too was rejected by the Cooperative Tribunal on 20" April, 2000. The petitioner in the meantime has attained the age of superannuation on 31st July, 1999. The Board of Directors of the Bank on 5th July, 2000 took a decision that entire amount be recovered only from the petitioner and Awadhesh Singh. The Bank sent the proposal to the Deputy Registrar for guidance and approval. The Deputy Registrar vide its order dated 30th September, 2000 approved the resolution of the Board dated 5th July, 2000. An order dated 13th February, 2001 has been passed by the Secretary/General Manager of the District Cooperative Bank taking the view that amount recovered from Devendra Nath Mishra, i.e., Rs. 55,256/- has to be returned to Sri Devendra Nath Mishra in view of the order of Cooperative Tribunal dated 17th June, 1998 along with 5.50% interest, hence the 50% of the said amount along with 5.50% be recovered from the gratuity of the petitioner as he has retired. The order dated 13th February, 2001 has been challenged in this writ petition.;