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IN THE HIGH COURT OF ALLAHABAD
M. Katju, Umeshwar Pandey, JJ.
JAG MOHAN PANDEY - Appellant
Versus
UTTAR PRADESH CO-OPERATIVE TRIBUNAL - Respondents
C. M. W. P. 48340 Of 2003
Decided On : 10/30/2003
Financial Irregularities - Co-operative Society - The court dismissed the petition challenging the appellate order that found the petitioner responsible for financial irregularities in a co-operative society. The court held that it cannot interfere with findings of fact as it is not a Court of First Appeal.
Fact of the Case:
The petitioner, a Cadre Secretary of a co-operative society, was held responsible for misappropriation of funds and financial irregularities. The petitioner challenged the appellate order that upheld the findings against him.
Finding of the Court:
The court dismissed the petition, stating that it cannot interfere with findings of fact as it is not a Court of First Appeal.
Issues: Challenge to appellate order on financial irregularities
Ratio Decidendi: Court cannot interfere with findings of fact as it is not a Court of First Appeal
Final Decision: The petition is dismissed.
( 1 ) HEARD learned counsel for the petitioner. Sri. P. N. Ojha has appeared for the respondent No. 4.
( 2 ) THE petitioner has challenged the impugned appellate order dated 17. 7. 2003 Annexure-7 to the writ petition.
( 3 ) THE petitioner was posted as Cadre Secretary of Sadhan Sahkari Samiti Limited, Hathouj. He retired on 30. 6. 1995.
( 4 ) IT is alleged in paragraph 12 of the writ petition that the audit of the co-operative society in which the petitioner was working was conducted by the auditors and they have submitted a special report for the years 1994-95 and 1995-96 wherein several employees of the society including the petitioner were held responsible for misappropriation of the funds of the society. Thereafter an enquiry was held. True copy of the report of the enquiry officer dated 5. 12. 1999 is annexure-II to the writ petition. In that report charges Nos. 2. 4 and 5 were held proved against the petitioner. The petitioner was given a show cause notice vide letter dated 11. 1. 2000 and was also ordered to be present before the respondent No. 2 on 20. 1. 2000. True copy of the show cause notice is Annexure-3 to the writ petition. Thereafter the impugned surcharge order dated 20. 9. 2000 was passed vide Annexure V to the writ petition. A perusal of the order shows that there was allegation that the petitioner caused loss of Rs. 82. 941. 16 of the society funds and there were other charges also relating to financial irregularities. For example, there was a charge that the petitioner made farzi payment to his son and thus embezzled the amount of Rs. 26. 520. Various other charges were also found proved against the petitioner and hence under Section 68 (2) of the U. P. Co-operative Societies Act. 1965 the order dated 20. 9. 2000 was passed vide annexure V to the writ petition. Against that order the petitioner filed an appeal which was dismissed vide Annexure-VII to the writ petition. The appellate order also has considered the facts in detail and has recorded findings of fact against the petitioner.
( 5 ) BOTH the impugned orders record findings of fact of financial irregularities against the petitioner. Under Article 226 of the Constitution this Court cannot interfere with findings of fact as this is not a Court of First Appeal. The petition is dismissed.
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