SBCWP NO.4483/2000. 1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR. O R D E R S.B. CIVIL WRIT PETITION NO.4483/2000. Jaikaran Singh Vs. Registrar, Cooperative Societies, Jaipur & Anr. Date of Order :- 30/6/2008. HON’BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Neeraj Kumar Bhatt for the petitioner. **** BY THE COURT:- This writ petition has been filed by the petitioner, who retired as Principal Central Cooperative Society Bharatpur with the prayer that respondents be directed to release an amount of Rs.58,000/- due to him as payment of Leave Encashment together with interest @ 18% p.a. 2) The contention of the learned counsel for the petitioner is that the aforesaid amount was withheld on the premise that respondents initiated departmental proceedings under Section 70 of the Rajasthan Cooperative Societies Act, 1965 against the petitioner and one Birju Singh under Section 74 of the Act of 1965. Reference in this connection was made to the order dated 28/7/1999 (Ann.R.2/2) indicating embezzlement of a sum of Rs.40,000/-. The petitioner has now placed on record the copy of the SBCWP NO.4483/2000. 2 Enquiry Report dated 22/2/2006 conducted by the Special Auditor Cooperative Society Bharatpur and the judgment of the Chief Auditor Cooperative Department Rajasthan, Jaipur. 3) Perusal of the enquiry report reveal that Special Auditor exonerated the petitioner and Birju Singh from the charge levelled against them but the enquiry officer doubted their conduct. But then, the Chief Auditor Cooperative Department Rajasthan, Jaipur in his judgment dated 12/3/2008 under the proceedings of Section 74 of the Act of 1965 exonerated the petitioner as well as Birju Singh holding that charges against them not proved. In the circumstances, there is now no basis on which the respondents can withheld the amount of Leave Encashment as due in favour of the petitioner. 4) In view of above fact, the writ petition deserves to be allowed. 5) Resultantly, the writ petition is allowed. The respondents are directed to make payment of due amount of Leave Encashment to the petitioner together with interest @ 6% p.a. within a period of three months from the date of receipt of certified copy of this order. (MOHAMMAD RAFIQ), J. anil