RAMU DADA PANADE Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Petitioner is the Chairman of the 5th respondent-The Raibag Sahakari Sakkare Karkhane Niyamitha. He is aggrieved by the order passed as at Annexure-D, dated 31-5 1988. The said order is passed in purported exercise of the power of the Registrar under Section 64(1) of the Karnataka Co-operative Societies Act, 1959. By the said order, one S. R. Naik, Joint Registrar of Co-operative Societies, Belgaum division, Belgaum, has been directed to hold a statutory inquiry into the affairs of the Raibag Sahakari Sakkate Karkhane Limited in general and particularly on the following terms of reference :-

(2.) Since the order of suspension was passed, 4 months have elapsed. This court does not khow whether the enquiry now directed has been completed. One of the grounds urged for quashing the order is that it is motivated and for political reasons. There is no specific allegation of mala fides as such against any particular person who may be able to meet such allegation of mala fides. This court has consistently held that vague allegations of mala fides will not be examined or enquired into by this Court.

(3.) The earlier proceedings initiated under Section 30 of the Act on specific charges came to be withdrawn while a petition challenging the same was pending in this Court. That cannot be considered an inhibition for the Registrar to exercise his powers under Section 64(1) to cause an enquiry to be made nor is there any statutory bar for such an action. There is no such principle as the rule of resjudicata in these administrative matters If the Registrar has to satisfy himself as to the correctness of the charges other than on the basis of a mere notice and representation, it is open to him to direct an enquiry in respect of the very same charges also.