GOPALAN Vs. RECMULTIPURPOSE CO-OP SOC.

JUDGEMENT

(1.) These writ appeals are filed by the 1st respondent in W.P.(C) No.20797 of 2023 and W.P.(C)No.25628 of 2023 who is the petitioner in W.P.(C)No.18555 of 2024, invoking the provisions under Sec. 5(i) of the Kerala High Court Act, 1958, challenging the common judgment dtd. 4/6/2024 of the learned Single Judge, whereby W.P.(C)Nos.20797 of 2023 and 25628 of 2023 were allowed and W.P.(C) No.18555 of 2024 was dismissed.

(2.) The 1st respondent is a Consumer Co-operative Society ('Society' for short) started functioning on 11/11/1963. The membership of the society is confined to the staff of the Regional Engineering College, Kozhikode (NIT). The Society has been running a consumer store dealing with provision stores, stationery and textile items. The appellant was appointed as a Salesman in the society on 16/8/1976. On 21/11/2000, the Unit Inspector, Kunnamangalam Unit conducted an inspection in the office of the store of the Society and noticed misappropriation of funds by manipulation of records and vouchers. On getting the report, the Assistant Registrar of Co-operative Societies issued a show cause notice to the Society on 29/11/2000. Then, the President and Board Members of the Society conducted an inspection and found that misappropriation of the fund of the Society had been committed by the appellant as well as an Attender by name Gopinathan. Thereafter, the department officers as well as auditors also conducted an inspection and found large scale misappropriation of funds of the Society which according to them was committed by the appellant and the other employee. A statutory inspection under Sec. 66 of the Kerala Cooperative Societies Act, 1969 ('the Act' for short) was conducted as per order dtd. 23/3/2001 by appointing the Unit Inspector, Kunnamangalm Unit and he submitted Ext.P2 report dtd. 20/3/2002 to the Joint Registrar. On the basis of the said report, the Joint Registrar ordered enquiry under Sec. 68(1) of the Act as per Ext.P3 order dtd. 31/1/2003 and appointed the Assistant Registrar (G), Kozhikode as the Enquiry Officer.

(3.) Heard the learned counsel for the appellant, the learned counsel for the respondents and the learned Senior Government Pleader.