High Court of Punjab and Haryana, Chandigarh
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Shri Ashok Kumar v. The Financial Commissioner -cum Principa - CWP-6223-2003  RD-P&H 2759 (1 May 2006)
CIVIL WRIT PETITION NO. 6223 OF 2003
DATE OF DECISION: April 25, 2006
Shri Ashok Kumar
The Financial Commissioner -cum Principal Secretary and others ...RESPONDENTS
CORAM: HON'BLE MR. JUSTICE JASBIR SINGH
HON'BLE MR. JUSTICE VINOD K. SHARMA
PRESENT: Mr. Sachin Jain,
Advocate, for the petitioner.
This writ petition has been filed with a prayer to issue a writ of certiorari to quash the order Annexures P.1, P.2 and P.4, dated August 21, 2001, May 30, 2002 and September 5, 2005, respectively.
It is apparent from the record that when dispute had arisen between the parties, the matter was referred to the Arbitrator for adjudication, who after giving appropriate opportunity of hearing to both the parties, passed award on August 21, 2001, vide which it was held that the petitioner along with others, who were office bearers of the Society, are responsible to make payment of embezzled amount to the Society.
The petitioners, along with other office bearers, went in appeal which was dismissed by the competent authority vide order dated May 30, 2002.
To assail the orders passed, reliance has been placed upon a judgment of Civil Court Annexure P-3. A perusal of the judgment, referred to above, indicates that the dispute therein was with respect to enquiry report dated May 30, 1995, and the said report was declared null and void, having been passed contrary to the principles of natural justice.
Vide that judgment, it was further held that no action be taken against the Managing Committee on the basis of the said enquiry report. No benefit of the judgment, referred to above, can be extended in favour of the petitioner, as the dispute herein is altogether different. Counsel for the petitioner has failed to show from the record that the said enquiry report was made basis for passing the award under challenge. Both the authorities below, by taking note of documents on record, have given a pure finding of fact that the money was embezzled by the office bearers of the Managing Committee. It has also come on record that the Members of the Managing Committee had withdrawn the amount from the Banks without any justification and also were found guilty of manipulating the accounts by showing the payment made in favour of DLF, whereas the said payment was made in the accounts of Delicious Leasing and Finance Co. and not to the DLF.
In view of finding of fact given by the authorities below, no case is made out for interference. Dismissed.
Copy of the order be given Dasti on payment of usual charges.
( Jasbir Singh )
( Vinod K. Sharma )
April 25, 2006. Judge
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