PREETPAL BELCHANDAN Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Heard on admission and I.A.No.1 for interim relief.

(2.) Mr. Manish Upadhyay, learned counsel appearing for the appellant, at the outset, would submit that though the appellant has challenged the initiation of proceeding under Ss. 58-B and 19-C of the Chhattisgarh Co-operative Societies Act, 1960 by way of writ petition which has been dismissed, but since final order has been passed in the proceeding under S. 19-C of the Act of 1960 on 18-10-2021, therefore, the writ appeal is only confined to challenging the dismissal of writ petition qua the proceeding under S. 58-B of the Act. He would further submit that proceeding under S. 58-B of the Act of 1960 has been initiated and straightway the proceeding for making good the losses caused to the society has been initiated against the appellant without complying with the proviso to S. 58-B(1) of the Act, as he was the Chairman of Jila Sahakari Kendriya Bank Maryadit, Durg, whereas he will have to be given reasonable opportunity before institution of enquiry and once enquiry is instituted, thereafter, the procedure envisaged under S. 58-B(1) is required to be followed. As such, the order of the learned Single Judge is liable to be set aside.

(3.) Mr. Sunil Otwani, learned Additional Advocate General ably assisted by Mr. Gagan Tiwari, learned Deputy Government Advocate, would submit that notice Annexure P-7 has been issued only on 22-9-2021 to institute enquiry as provided under the proviso to S. 58-B(1) of the Act of 1960 and after complying with the said proviso, decision will be taken as to whether to institute proceeding under S. 58-B(1) or not and thereafter, the proceeding under S. 58-B(1) would be initiated and appropriate orders will be passed thereupon.