Sangeet Lodha, J. - (1.) THE matter comes up on an application preferred on behalf of the petitioner for vacating the interim order dated 20.12.13 and for final disposal of the writ petition.
(2.) HEARD learned counsel for the parties. This writ petition has been filed by the petitioner, a Cooperative Society, registered under the provisions of the Rajasthan Cooperative Societies Act, 2001 (for short 'the Act'), assailing order dated 17.10.13 passed by the Rajasthan State Cooperative Tribunal, Jaipur ('the Tribunal'), whereby order dated 6.8.12 passed by the Additional Registrar, Cooperative Societies, Udaipur in exercise of the power conferred under Section 30(2) of the Act removing the respondent No. 2 from the posts of Chairperson and Member of the Management Committee of Kachher Dugdh Utpadak Sahakari Samiti Limited, Kachher (hereinafter referred to as "Primary Society") and the order dated 21.8.12 passed by the Institutional Development Officer, Rajasthan Cooperative Dairy Federation Limited (RCDF) removing the respondent No. 2 from the posts of Director and Chairperson of Udaipur District Dugdh Utpadak Sahakari Sangh Limited, Udaipur, ('Sahakari Sangh') stand set aside.
(3.) THE relevant facts in nutshell are that one Shri Sandeep Kumar Lakshkar lodged an FIR before the Anti -Corruption Bureau, Udaipur alleging demand of illegal gratification by the respondent No. 2 -Smt. Geeta Patel, the Chairperson of the Sahakari Sangh. On the basis of the complaint lodged, a trap was arranged and the respondent No. 2 was caught red handed accepting the bribe. Accordingly, a case was registered against the respondent No. 2 for commission of offence under Section 7, 13(1)(d) & 13(2) of the Prevention of Corruption Act, 1988 (for short "the Act of 1988") and the investigation commenced. The respondent No. 2 was arrested and later released on bail by the criminal court of competent jurisdiction. The Managing Director of the Sahakari Sangh reported the incident to the Additional Registrar, Cooperative Societies vide report dated 3.7.12. The Additional Registrar, Cooperative Societies in its turn initiated the proceedings for removal of the respondent No. 2 from the posts of Member and the Chairperson of the Management Committee of the Primary Society vide notice dated 9.7.12 issued in exercise of the power conferred under Section 30 of the Act. After due consideration of the reply to the notice filed on behalf of the respondent No. 2 and other material on record, the Additional Registrar, Cooperative Societies, Udaipur vide order dated 6.8.12 directed removal of the respondent No. 2 from the posts of the Member and Chairperson of the Management Committee of the Primary Society. Aggrieved thereby, the respondent No. 2 preferred a writ petition being No. 8424/12 before this Court which stood dismissed vide order dated 22.8.12.;