Ref.Recall Application

Hon’ble B. Amit Sthalekar, J.—This is a restoration application for recalling the order dated 23.5.2012.

2. The grounds taken in the affidavit filed in support of the restoration application found to be sufficient. Application is allowed. The order dated 23.5.2012 is recalled.

3. Office is directed to restore the case to its original number.

4. By means of this writ petition the petitioner is challenging the order dated 28.12.2004 whereby the petitioner was removed from service, by order dated 6.12.2004, which is a recommendation made by the District Assistant Registrar, Co-operative Societies, U.P., Kanpur Nagar recommending that since the petitioner has been found guilty by the Enquiry Officer in his enquiry report, he should be removed from service, and the order dated 30.1.2006 by which the petitioner’s representation preferred under Section 128 of the U.P. Co-operative Societies Act, 1965 has been rejected.

5. The facts of the case, in brief, are that the petitioner was appointed on the post of Accountant in the Ordnance Parachute Factory Co-operative Society Ltd. Kanpur (the Co-operative Society) on 31.12.1981. An Administrator was appointed in the said co-operative society. The Administrator for purposes of better administration by an order dated 2.4.1991 formed a Sub Committee comprising three persons as Members. On 8.4.1992 the petitioner was given the officiating charge of the post of Secretary of the said co-operative society by the Administrator. He functioned as such till 2.2.1993.

6. On 10.10.1991 a first information report was lodged against the then Secretary one Sri Karan Singh, under Sections 409, 420, 467, and 471 I.P.C. at police station Rail Bazar, District Kanpur Nagar in case crime No. 348 of 1991. On 24.7.1992 the Investigating Officer wrote a letter to the then Secretary Sri Umakant Tiwari demanding certain papers, which were necessary for purposes of investigation. According to the petitioner, although he had been appointed as Officiating Secretary on 8.4.1992 but charge of the said post was handed over to him by Sri Umakant Tiwari only on 28.8.1992. In this regard the petitioner had also written a letter to Sri Umakant Tiwari on 7.8.1992, a copy of which was also sent to the District Assistant Registrar, Co-operative Societies, U.P., Kanpur Nagar as well as the Administrator, Co-operative Society in question and the General Manager, Ordnance Parachute Factory Co-operative Society Ltd. Kanpur and the Investigating Officer, Sri J.P. Shukla, S.I.S. Kanpur Nagar. As stated the petitioner was ultimately given charge of the post of Secretary on 28.8.1992, which was also acknowledged by the Sub Committee by its letter dated 29.8.1992 filed as Annexure-4 to the writ petition. On 24.8.1992 the Investigating Officer, S.I.S. Kanpur Nagar submitted a final report in favour of the then Secretary Sri Karan Singh. This fact was not within the knowledge of the petitioner nor it would have been in his knowledge, since the petitioner was not concerned with the criminal investigation against Sri Karan Singh. On 11.9.1992 the petitioner handed over the concerned requisite papers to the Investigating Officer. Ultimately on 2.2.1993 the petitioner handed over charge of the post of Secretary, Ordnance Parachute Factory Co-operative Society Ltd. Kanpur to one Sri Ashok Singh.

7. The case of the petitioner further is that all of sudden after expiry of almost nine years the then Secretary of the Co-operative Society wrote a letter dated 2.1.2002 to the General Manager, Ordnance Parachute Factory Co-operative Society Ltd. Kanpur apprising him that Sri S.K.Singh, a member of the Sub Committee had not handed over the documents to the Investigating Officer. On this letter the District Assistant Registrar, Co-operative Societies, U.P. Kanpur Nagar by his letter dated 15.3.2002 directed for initiation of the enquiry against the petitioner. Accordingly, an enquiry was set up under Section 65 of the U.P