Law:

Section:

Co operative Societies Act (VII of 1925) ---S. 54 Reference Jurisdiction Findings of lower Court that notwithstanding pendency of investigation into charge of embezzlement against petitioner, an employee of a Co operative Bank, civil liability of petitioner still existed and department concerned could competently recover embezzled amount in proceedings under Act VII of 1925 and that no specific allegations having been made with regard to mala fides of officer ordering reference under S. 54 no mala fides as alleged substantiated, held, correctly recorded Whether dispute related to business of society To be determined in first instance by authority assuming jurisdiction Petitioner, held, could once again raise such question before authority itself and such authority to decide whether case covered by S. 54 so as to assume jurisdiction in matter. ORDER NASIM HASAN SHAH, J. This is a petition for leave to appeal against the order dated 21 6 1978 dismissing the petitioner's Inter Court Appeal No. 115 of 1978. The petitioner's Writ Petition No. 3121 of 1978 had earlier been rejected by a learned Single Judge of the Lahore High Court. The petitioner is allegedly involved in the embezzlement of Rs. 5,04,758.65 while Branch Manager of the Shakargarh Branch of the Punjab Provincial Co operative Bank Limited, Sialkot; he is no longer in employment. Investigations were also carried out by the police on the basis of the F. I. R. lodged by .the Department but it is stated that the petitioner has not so far been challaned. In the meantime, the Department with a view ostensibly for the recovery of the embezzled amount started proceedings under the Co operative Societies Act, 1925. On 24 4 1978, the respondent No. 1 issued an order in the nature of a reference under section 54 of the said Act and appointed respondent No. 2 as the nominee of the Registrar to decide the matter. By a subsequent notice dated 14 5 1978, the petitioner was called upon. to nominate his arbitrator. The petitioner took an objection to these proceedings under section 54 of the Act by an application to respondent No. 2 inter alia on the ground that the dispute was not such upon which a reference could be…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492