Court No. - 36
Case :- WRIT - A No. - 14743 of 2019 Petitioner :- Rajeev Kumar Saxena Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Abhai Saxena Counsel for Respondent :- C.S.C.,Ashok Kumar Lal
Hon'ble Mrs. Sunita Agarwal,J.
Sri Ashok Kumar Lal, learned Advocate has put in appearance on behalf of respondent no.4.
By means of the present petition, the petitioner herein seeks for quashing of the proceedings initiated against him under Section 68 of the U.P. Co-operative Societies Act, 1967.
The submission is that the allegations, which are the basis for initiation of the proceedings under Section 68, cannot be levelled against the petitioner, inasmuch as, the petitioner cannot be held responsible for non-recovery of loan disbursed by him to the eligible loanees during his posting.
As far as allegations levelled in the notice is concerned, this Court does not propose to go into merits thereof.
This objection can very well be taken in the proceedings going on against the petitioner. A liberty is, therefore, granted to the petitioner to submit his explanation to the respondent no.3, namely, Joint Registrar, Co-operative Societies, Bareilly Region, Bareilly, who shall proceed, expeditiously and bring the enquiry to its logical conclusion by passing a reasoned and speaking order, in accordance with law, preferably, within a period of two months from the date of submission of certified copy of this order.
After conclusion of the said proceedings, admissible retiral dues of the petitioner shall be released immediately.
The present petition is, accordingly, disposed of.
Order Date :- 26.9.2019 P Kesari