N BALARAMA KURUP Vs. CO OPERATIVE TRIBUNAL

JUDGEMENT

(1.) Writ petitioner in O.P. 8099/1989 challenges the judgment rendered by the learned Single Judge on 7-8-1992 dismissing the Original Petition.

(2.) The short facts necessary for the disposal of this appeal are as follows.- Writ petitioner was a paid Secretary of Nedumudy Village Service Cooperative Society Ltd. No.2331. During the period between 28-9-1970 and 23-1-1971 he is stated to have misappropriated an amount of Rs.61,015.85. The Vigilance Police registered a case against him and he was charge sheeted in C.C.28/79 of the Court of the Special Judge, Thrissur for offences under the Prevention of Corruption Act and the Indian Penal Code. That Court convicted the writ petitioner and sentenced him to undergo imprisonment for six months and to pay a fine of Rs.1,000/-. While the criminal case was under investigation, Society filed an Arbitration Case against the writ petitioner as A.R.C. 461/1972. Since the records maintained by the society were with the vigilance department, Arbitrator dismissed the case, reserving the right of the society to file fresh suit when records are available. Records relating to misappropriation were got back by the Society on 4-2-1986. Immediately thereafter they filed A.R.C. 1/1986 before the second respondent, Assistant Registrar of Cooperative Societies (General), Kurttanad. Writ petitioner questioned the maintainability of A.R.C. 1/1986, because of the dismissal of A.R.C. 461/72. Second respondent found A.R.C.1/1986 to be maintainable. Writ petitioner challenged that decision of the second respondent in appeal before the Kerala Cooperative Tribunal, the first respondent. By Ext. P1 order dated 29-6-1989 first respondent dismissed the appeal holding that A.R.C. 1/1986 is maintainable. That decision was challenged in the original petition. Learned Single Judge has dismissed the same.

(3.) Points raised by the learned counsel are that second respondent is not entitled to entertain A.R.C. 1/1986 in the absence of an order of reference by the Registrar of Cooperative Societies to try the same; and that A.R.C. 1/1986 is not maintainable in view of the dismissal of A.R.C.461/1972.