SUDHIR AGARWAL,J. - (1.) Heard Sri Sharad Malviya, learned counsel for petitioner, Sri Ravi Agarwal, learned counsel for respondent-Societies and perused the material available on record.
(2.) This writ petition filed under Article 226 of Constitution of India is directed against order dated 9.9.1991 (Annexure-6 to the writ petition) passed by Secretary, Shamli Sahkari Kray-Vikray Samiti Ltd. Gandhi Ganj, Shamli, District Muzaffarnagar informing petitioner that he has not deposited certain funds of Cooperative Society, therefore, should deposit dead-stock and hand over charge and also pay the amount embezzled, by 12.10.1991, failing which his services shall be deemed to have been terminated and no separate order will be passed.
(3.) Facts in brief, giving rise to the present writ petition, are that petitioner was appointed as Accountant in 1984 in Shamli Sahkari Kraya Vikray Sahkari Samiti Ltd., Shamli, District Muzaffarnagar (hereinafter referred to as "Society"). He was also confirmed on the said post after approval of Deputy Assistant Registrar. He was allowed to officiate as "Secretary" of Society from 10.9.1990 to 13.2.1991. A complaint was made by successor Secretary of Society to Administrator of Society on 19.7.1991 whereupon Administrator required petitioner to deposit the amount, allegedly misappropriated, by 27.7.1991 failing which he shall be deemed to be under suspension. Petitioner submitted reply dated 26.7.1991 where after order of suspension was passed on 6.8.1991. By another order dated 24.8.1991, petitioner was directed to handover charge of record by 31.8.1991 else charge would be taken through District Magistrate. Thereafter, impugned order was passed on 9.9.1991 directing petitioner to handover charge of record, dead stock and the alleged amount embezzled, by 12.10.1991, failing which he shall be deemed to have been terminated and no separate order shall be passed. Aforesaid order has been passed by Secretary of Society. Petitioner submitted reply dated 16.9.1991 and also handed over charge of all dead-stock and records on 6.10.1991. However, Administrator and Secretary of Society did not permit petitioner to function on his post stating that his services stood terminated vide order dated 9.9.1991, hence, this writ petition has been filed by petitioner challenging the said order.;