ADOOR N. JAYAPRASAD Vs. JOINT REGISTRAR

JUDGEMENT

(1.) Appellant assails the correctness of the judgment dated 28.07.2020 of the learned Single Judge in W.P.(C) No. 14659 of 2020 which was filed by himself as petitioner seeking to issue a writ of certiorari calling for the records leading to Ext. P1 order issued by the 1st respondent through which the 2nd respondent, Junior Inspector of Co-operative Societies has been authorized to conduct an enquiry into the affairs of the Pathanapuram Block Housing Co-operative Society No. Q456. Appellant is the President of the Society.

(2.) It can be borne out from the Ext.P1 that on the basis of a complaint given by the 3rd respondent, an enquiry was ordered by the 1st respondent under Section 66(1) of the Co-operative Societies Act, hereinafter referred to as 'the Act'. It seems that the 3 rd respondent who was an employee of the Society had given a complaint to the 1 st respondent, Joint Registrar. She alleged that there are large scale irregularities in the monthly deposit schemes, that excess interest is being paid for the fixed deposits in violation of the circulars of the Registrar, that repayment remittances made by the members are not being credited in the Federation, that an extension counter, depot and a conference hall were established without sanction of the Registrar. She had also made complaint against her proposed retrenchment. Finding that the allegations are serious in nature, the said order was passed by the 1st respondent. The contention of the appellant is that it is a politically motivated move, that under Ext. P2 the services of the 3 rd respondent was terminated by the Society, that the said complaint is the off-shoot of her termination which was done on proved misconduct on her part who was a temporary collection agent of the Society. Referring to Ext. P3 it was pointed out that an outlet was started only on the strength of the orders of the 1st respondent.

(3.) After hearing counsel on both sides, the learned Single Judge found no reason to grant the reliefs as prayed for. It has been pointed out that Section 66(1) of the Act enables the Registrar to issue such orders which are supervisory in nature, only thing is that procedure in Rule 66 of the Co-operative Societies Rules be followed. On the premise that the appellant could not make out any ground for interference, the writ petition was dismissed. Aggrieved by the same, the petitioner has preferred this appeal under Section 5 of the High Court Act.