- (1.) Heard learned counsel for the parties.
(2.) The present writ petition has been filed by Ganganagar Central Cooperative Bank through its Managing Director, assailing the order passed by the Additional Registrar (Appeals) Cooperative Societies, Jodhpur dated 01.08.2003 in Appeal No.71/2001 whereby the respondents Narendra Kumar Sahgal's appeal has been allowed and the order under Section 74 (1) & (2) of the Rajasthan Cooperative Societies Act , 1965 (hereinafter referred as 'the Act of 1965') has been set aside and the finding of embezzlement having been committed by the said respondent of an amount of Rs.80,000/- has been set aside with further direction to conduct a fresh enquiry under the said provisions. Against the other persons named in the audit dated 24.07.2001 namely Mr. M.R.Chugh and Sri Bhatnagar.
(3.) The learned Senior Counsel has canvassed before this Court that the appellate authority has travelled beyond the findings of the Joint Registrar Cooperative Societies (Bikaner) and conduct the enquiry under Section 74 (2) of the Act of 1965. It is a submitted that completely new case has been set up by the appellate authority with regard to said amount of Rs.80,000/-. Although, it was no one's case. It is submitted that a clear finding was arrived at while conducting preliminary enquiry under Section 74 (1) of the Act of 1965 that it was the respondent Narendra Kumar Sahgal who was having found guilty of embezzlement of Rs.80,000/- as there was difference in amount between the requisition slip and the original slip and there was also signatures of the said respondent on the back side of the requisition slip.;