Section 128 in Karnataka Agricultural Produce Marketing Act 1966
128. Liability of members officers and employees of market committee for loss waste misappropriation etc.
(1)If in the course of an inquiry or an inspection under section 123 or in the course of an audit under the rules it is found that any person who is or was a member of a market committee or of the Board or who is or has at any time been an officer or an employee of a market committee or Board has made any payment contrary to this Act the rules the regulations or the bye-laws or has caused any deficiency in the assets of the market committee or Board by breach of trust or willful negligence or has misappropriated or fraudulently retained any money or other property belonging to the said market committee or the Board the [Director of Agricultural Marketing] [Substituted by Act 35 of 1986 w.e.f. 17.6.1986] may himself inquire or direct any subordinate officer authorised by him by an order in writing in this behalf to inquire into the conduct of such person.(2)Where an inquiry is made under sub-section (1) the [Director of Agricultural Marketing] [Substituted by Act 35 of 1986 w.e.f. 17.6.1986] may after giving the person concerned an opportunity of being heard make an order requiring him to repay or restore the money or property or any part thereof with interest at such rate to pay contribution and costs or compensation to such extent as the [Director of Agricultural Marketing] [Substituted by Act 35 of 1986 w.e.f. 17.6.1986] may consider to be just and equitable.(3)Any person aggrieved by an order of [Director of Agricultural Marketing] [Substituted by Act 35 of 1986 w.e.f. 17.6.1986] under sub-section (2) may within sixty days from the date of the communication of the said order appeal to the [Karnataka Appellate Tribunal] [Substituted by Act 35 of 1986 w.e.f. 17.6.1986] and the decision of the [Karnataka Appellate Tribunal] [Substituted by Act 35 of 1986 w.e.f. 17.6.1986] on such appeal shall be final and shall not be called in question in any court of law.(4)Any action under this section shall be without prejudice to the prosecution of the person concerned in respect of any offence.
