Hon’ble Ashok Bhushan, J.—Heard Sri K.N. Mishra, learned Counsel for the petitioner and Sri Ajit Kumar Singh appearing for the respondents.

2. By this writ petition the petitioner has prayed for quashing the order dated 13th February, 2001 passed by Secretary/General Manager, Deoria Kasaya Zila Sahkari Bank Limited, Deoria directing for recovery of an amount of Rs. 27,628/- with 5.50% interest from the gratuity of the petitioner.

3. Brief facts necessary for deciding the writ petition are : the petitioner, who was working as Clerk-cum-Cashier at Baitalpur Branch of District Cooperative Bank, Deoria, while bringing a cash of Rs. 6,00,000/- from the head office to the Branch was intercepted by miscreants and the said amount was looted. The Deputy Registrar, Cooperative Society initiated proceedings under Section 68 of the U.P. Cooperative Societies Act, 1965 (hereinafter referred to as the Act) and by order dated 7th July, 1995 directed recovery of 35% of the balance amount of Rs. 6,00,000/- after deducting the claim allowed by the insurance of Rs. 4,00,812/-. The Deputy Registrar directed recovery of the balance amount which comes to Rs. 1,84,188/- by recovery 30% from Devend