VENKATARAMAN LAXMINARAYAN BHAT Vs. KARNATAKA APPELLATE TRIBUNAL

JUDGEMENT

(1.) 1. The above batch of writ petitions is filed as a common petition by persons who were ex-directors on the Committee of Mangement or employees of the Multipurpose Co-operative Society, Siddapur duly incorporated under the Karnataka Co-operative Societies Act, 1959 (hereinafter referred to as the Act) They are aggrieved by the order dated 23rd March, 1981 passed by the Joint Registrar of Co-operative Societies, Belgaum Division, Belgaum by which each of the petitioners in this batch of petitions and after other writ petitions pending in this Court were directed to make good the amounts ranging from Rs. 29,450/- to Rs. 339/- in purported surcharge proceedings under Sec. 69 of the Act on account of the petitioners and some others causing deficiency in the assets of the Co-operative Society by breach of trust, negligence, misappropriation and fraudulently retaining money or other property belonging to the Co-operative Society, viz., the Multipurpose Co-operative Society of Siddapur, (later, re-named as Siddapur Agricultural Produce Marketing Co-operative Society Ltd.,).

(2.) The appeals filed against that order of the Joint Registrar who is respondent-2 came to be confirmed by the Karnataka Appellate Tribunal, Bangalore (hereinafter referred to as the Tribunal) in Appeals Nos. 264, 265 and 450/1981 by a common order dated 18th September, 1984 as at Annexure-A to the petitions. Aggrieved by the said two orders, the present writ petitions are filed challenging the correctness and legality of the impugned orders inter alia on the ground that the entire procedure followed is irregular, contrary to law and lacks initial jurisdiction which the Tribunal has totally overlooked and has blindly confirmed the order of the Joint Registrar-2nd respondent without proper application of mind or correctly appreciating the points raised before it. Therefore, they have prayed for quashing of the two orders.

(3.) The facts themselves are not in dispute and the facts necessary for purpose of disposing of this batch of writ petitions are as follows and they may be stated as under.