Law: Co-operative Societies Act, 1925

Section: 54

Law: Constitution of Pakistan, 1973

Section: 13,199

Law: Criminal Procedure Code (V of 1898)

Section: 403

Cooperative Societies Act (VII of 1925)--- ----S. 54---Criminal Procedure Code (V of 1898), S.403---Constitution of Pakistan, Arts.13 & 199---Constitutional petition---Double jeopardy, principle of---Selecting forum of one's own choice---Arbitration award by Registrar---Petitioner was employee of Punjab Provincial Cooperative Bank, who went on Leave Preparatory to Retirement (LPR) on attaining the age of superannuation---Three months after petitioner had proceeded on LPR, the Bank got an FIR registered on the allegation of some shortfall in cash available in the Bank---Proceedings were also initiated by Bank before Registrar Cooperatives for recovery of embezzled amount---Registrar, in exercise of his powers under S.54 of Cooperative Societies Act, 1925, passed award in which he exonerated petitioner from any financial liability---Bank did not assail the award any further and same attained finality---Bank authorities imposed upon petitioner penalty of compulsory retirement and recovery of one half of embezzled amount---Plea raised by petitioner was that after pronouncement of award by statutory forum, Bank authorities could not recover embezzled amount from him---Validity---Application under S.54 of Cooperative Societies Act, 1925, was filed by Bank itself for recovery of amount from persons allegedly involved in embezzlement including petitioner and it was upon that application of the Bank that award was made by Registrar---Bank could not then turn around and take a different stance or to return a different finding from the one which had been made vide the award of Registrar---Having approached a forum and having submitted to its jurisdiction, it did not lie in the mouth of the Bank to assert that they could revisit that award through some internal proceedings---Such would amount to double jeopardy and it could not be permitted---Award of Registrar had been finalized with regard to fixing of liability about recovery of amount which was alleged to be embezzled---Petitioner had been absolved for any wrong doing and the Bank should recover its losses from the person who had been held responsible in the award---Petition was allowed in circumstance. ORDER…

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