CHIKKANNA R Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) petitioner, since deceased, by legal representatives, has challenged the order of the Karnataka appellate tribunal made in appeal No. 826/82. That appeal came to be filed by the deceased petitioner who was the secretary of the third respondent yadavagiri consumer's cooperative stores limited, Mysore city against the order of the deputy registrar of co-operative societies made in surcharge proceedings under Section 69 of the Karnataka Co-Operative Societies Act.

(2.) the sole contention urged in this court against the illegality of the order of the tribunal is on the ground that the tribunal failed to notice that the order of the deputy registrar under Section 69 of the act was a bald order without assigning reasons for its conclusion and therefore arbitrary and opposed to article 14 of the constitution.

(3.) that contention must necessarily fail. It is seen that the tribunal has discussed the scope of Section 69 of the act. In order to fix liability, he is required to do no more than invite representation on charges communicated through a show cause notice. On any representation made, he has to proceed to make an assessment on the basis of the complaint made by the society with reference to such documents that he may call for.