JUDGMENT

K. RAMASWAMY, J.:—The appellant, the Ex-Treasurer of the Gopalganj Co-op. Development & Cane Marketing Union, Gopalganj, was said to have defalcated a sum of Rupees 95,790.54 and for recovery thereof, proceedings were initiated under S. 48 of the Bihar and Orissa Co-operative Societies Act, VI of 1935, for short the Act with interest accrued thereon of Rs. 25,555.00 as on December 30, 1976. The Registrar referred the matter to the Asstt. Registrar, Gopalganj, who on enquiry and having given the opportunity to the appellant passed an award in Case No. 400 of 1975 on December 30, 1976 for the aforesaid sums. On appeal, the Deputy Registrar set aside the award on the ground that the appellant was surcharged in Surcharge Case No. 18 of 1976. On further revision, the first respondent set aside the appellate order and confirmed the award with a further direction to pay interest till date of recovery. The appellant filed C. W. J. C. No. 1819 of 1979 which was dismissed in limine by the Patna High Court on August 2, 1979. Thus this appeal by Special Leave.

2. The learned Counsel for the appellant raised two-fold contentions. His first contention is that the Registrar has no revisio