2025:CGHC:57610 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR KISHORE KUMAR DESHMUKH Digitally signed by KISHORE KUMAR DESHMUKH WPS No. 5191 of 2024 Date: 2025.12.01 17:59:33 +0530

1 - Smt. Chitrarekha Kaushik W/o Late Shri Mathura Prasad Kaushik Aged About 42 Years Working As Class-Iii Clerk-Cum- Computer Operator, District Cooperative Central Bank Limited, Branch Ratanpur, District-Bilaspur, Chhattisgarh.

--- Petitioner(s)

versus

1 - State Of Chhattisgarh Through The Secretary, Cooperative Department, Mahanadi Bhawan, Mantralaya, Nawa Raipur, Chhattisgarh.

2 - The Registrar, Cooperative Societies, Indravati Bhawan, Raipur, Chhattisgarh.

3 - The Joint Registrar, Cooperative Societies, Bilaspur, District Bilaspur, Chhattisgarh. 4 - The Chief Executive Officer, District Cooparative Centaral Bank Limited, Head Office, Nehru Chowk, Bilaspur, Chhattisgarh. 5 - The Chhattisgarh Cooperative Tribunal, Through The Registrar, Chhattisgarh Cooperative Tribunal, Imlipara, Bilaspur, District-Bilaspur, Chhattisgarh.

--- Respondent(s)

WPS No. 5298 of 2024

1 - District Cooperative Central Bank Maryadit Principal Office, Through - Chief Executive Officer, District Cooperative Central Bank Maryadit, Nehru Chowk, Bilaspur (C.G.)

---Petitioner(s)

Versus

1 - Smt. Chitrarekha Kaushik W/o Late Shri Mathura Prasad Kaushik Aged About 40 Years Junior Clerk, Computer Operator, District Cooperative Central Bank, Maryadit, Bilaspur (C.G.)

--- Respondent(s)

For Petitioners : Mr. Ramakant Pandey/Mr. Pawan Kesharwani,Advocates For State : Mr. Mayur Khandelwal, Panel Lawyer Hon'ble Shri Justice Narendra Kumar Vyas

Order on Board

26.11.2025

1. Since, Both writ petitions arise out of a common order dated

28.06.2024 passed by the Chhattisgarh Cooperative Tribunal in Appeal Case No. 19/2024, they are being heard and decided analogously.

2. The petitioner in WPS No. 5191 of 2024 is the widow of late Mathura Prasad Kaushik, who was serving as a Clerk at the Branch Office, Bilha in the District Cooperative Central Bank. He expired on 17.05.2015, and thereafter, the petitioner was appointed on compassionate grounds vide order dated 11.07.2015. She has preferred this writ petition assailing the order dated 28.06.2024 passed by the Chhattisgarh Cooperative Tribunal (hereinafter referred to as “the Tribunal”) in Appeal Case No. 19/2024, whereby the Tribunal has affirmed the order passed by the Registrar and Joint Registrar, however no order with regard to the interest earlier awarded by them has been passed. On the other hand, the petitioner–Bank in WPS No. 5298 of 2024 has challenged the very same order dated 28.06.2024 on the ground that the Tribunal, while dismissing its appeal, has affirmed the orders passed by the Registrar and the Joint Registrar and has directed the Bank to refund the amount to the petitioner.

3. The brief facts, as gathered from the records, are that an embezzlement of Rs. 16,46,671/- was detected during an inspection conducted by NABARD on. An Investigating Officer was appointed, who visited the concerned branch on 16.07.2015, conducted an inquiry, and submitted his investigation report on 11.08.2015. Relying on the said report, the Bank Management issued notices to the petitioner proposing recovery of Rs. 5,48,890/-. In response, the petitioner - Smt. Chitrarekha filed a representation to the Chief Executive Officer asserting that the ID of her deceased husband has been misused by other departmental employees and no proper departmental inquiry had been undertaken. Upon receipt of the said representation, another Investigating Officer was appointed. Based on the subsequent investigation report, it was found that her husband was on leave from 22.04.2013 to 01.05.2013, and therefore, the financial irregularities amounting to Rs. 1,19,520/- relating to the said period was excluded, reducing the proposed recoverable amount to Rs. 4,29,370/-. Out of the said amount, a sum of Rs. 3,72,508/-, which was otherwise payable to the petitioner’s husband, was adjusted, and the