RAMADEVI.R Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is a former member of the Managing Committee of the Kollam District Labours Welfare Co-Operative Society Q No 1541. The aforesaid society is registered under the provisions of the Kerala Co-operative Societies Act ('the Act' for short) and the Rules framed thereunder. She has approached this Court being aggrieved by the inquiry ordered against her under Section 68 (1) of the Act initiated and the consequent order of surcharge under Section 68 (2) of the Act.

(2.) Sri. M.Rajesh, the learned counsel appearing for the petitioner submitted that inquiry under Section 68 (1) was merely an eyewash and the officer failed to take note of the relevant facts. According to the learned counsel, the impugned orders would not reveal that there was any breach of trust or wilful negligence, mismanagement or misappropriation by the petitioner herein.

(3.) Sri Bimal K. Nath, the learned Government Pleader has opposed the submissions. He contended that the petitioner has no case that any of the circumstances which would persuade this Court to entertain the writ petition despite the existence of statutory remedies exist in the case. The entire proceedings were carried out in a transparent manner in full compliance with the principles of natural justice and within the four corners of the statute governing the subject. He referred to the decision of this Court in Thrikkadavoor Service Co-operative Ltd. v. Viswasankaran Pillai [1990 (2) KLT 594] and also Rule 47 of the Cooperative Societies Rules and it is argued that the Committee is responsible for the misappropriation during its tenure and they cannot wash off their liability by placing the burden on someone else. It is pointed out that as per the provisions of Rule 124 of the Cooperative Societies Rules, an appeal under Sub Section (2) of Section 83 can be presented by the appellant or by his duly appointed agent, either in person during office hours or it can be sent by registered post to the appellate or revisional authority.