DHIMEN DAS Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The petitioners have preferred the present writ petition against the order dtd. 5/8/2015 passed by Chairman, Chhattisgarh State Co-operative Tribunal, Bilaspur in Appeal No.101/2014, by which the Tribunal has allowed the appeal filed by the respondents 4 and 5 against the order dtd. 14/3/2014 passed in Revision Case No. 80(K)/05/D/2014, by which the Registrar has affirmed the order dtd. 31/1/2014 and 26/2/2014 passed by Joint Registrar, Co-operative Societies, Raipur. The learned Tribunal has directed the parties to appear before the learned Registrar Co-operative Society on 26/8/2015 for hearing and thereafter he will decide the matter in accordance with the law. The petitioners have also prayed for quashing of the order 20/8/2014 passed by Joint Registrar, Cooperative Societies, Raipur, by which the Joint Registrar has exonerated the respondents from the charges of financial irregularities alleged to have been committed by them.

(2.) Brief facts as reflected from the record are that respondent No. 4 and Respondent No. 5 who are the Director and Share holder of Bhilai Nagrik Sahakari Maryadit Bank Bhilai (herein after referred to Bank) respectively at the relevant time. The Respondent No. 4 and 5 have made complaint against the appellants before the Additional Registrar, Cooperative Societies, Raipur on 11/6/2013. The Additional Registrar vide its memo dtd. 6/7/2013 has forwarded the same to the Joint Registrar Cooperative, Societies, Raipur Division Raipur for necessary action. In pursuance of the memo received by the Additional Registrar, the then Joint Registrar Cooperative Societies have transferred the proceedings to the Joint Registrar Cooperative Societies for further proceedings on 14/6/2014. Thereafter, the Joint Registrar has concluded the proceedings and exonerated the petitioners vide its order dtd. 20/8/2014 against the charges of financial irregularities alleged to have been committed by the petitioners.

(3.) During pendency of the proceedings certain orders were passed by the Joint Registrar Cooperative Societies, Raipur on 26/2/2014. The Joint Registrar Cooperative Societies has rejected the objection raised by the appellant vide its order dtd. 31/1/2014 and again vide its order dtd. 26/2/2014 has rejected another application under Sec. 58 (B) for providing the documents. Both these orders were challenged by the respondent No. 4 and 5 by filing revision No. 80(K)/05/D/2014. The Registrar, Cooperative Societies vide its order dtd. 14/3/2014 has upheld the order passed by the Joint Registrar Cooperative Societies.