N.MURALEEDHARAN Vs. THE STATE OF KERALA

JUDGEMENT

(1.) This writ petition is filed by the petitioner seeking to quash Exts.P2 and P3 as illegal and without jurisdiction. Exts.P2 and P3 are proceedings initiated by the Joint Registrar (General) of Co -operative Societies dated 29.11.2004 and an order passed by the 4th respondent against Ext.P2 proceedings, submitted by the petitioner.

(2.) Brief facts of the disposal of the writ petition are thus: Petitioner was a clerk in the third respondent. Petitioner retired from service on 22.04.1992. Petitioner was given the charge of Managing Director of the Society during the period from 20.04.1991 to 27.04.1992. An enquiry under Section 65 of the Kerala Co -operative Societies Act was ordered, five years after the retirement of the petitioner by proceeding dated 17.07.1997. The enquiry conducted revealed involvement of 11 employees including the petitioner in mis -appropriation of an amount of Rs.1,45,015.10/ -. Pursuant to which an inspection under Section 68(1) of the Act was ordered ten years after the retirement of the petitioner by a proceeding date 22.05.2002 and the inspection confirmed that eight employees including the petitioner had involvement in the mis -appropriation. Thereupon the amount payable by the petitioner was assessed at Rs.47,575.69/ - with 18% interest from 01.01.1998.

(3.) After retirement, petitioner moved the statutory authorities seeking to realise gratuity as well as wages payable to him from the Society. The third respondent filed O.P. No. 15403/93 and O.P. No. 10893/95 before this Court challenging the stay order granted by the Government against the Revenue Recovery proceedings initiated to recover the amounts due under the orders passed by the authority under the Payment of Gratuity Act and the Payment of Wages Act, remaining due to the petitioner. This Court by Ext.P1 dated 09.04.1996 ordered that the Government or the District Collector have no power to stay the recovery of the amount covered by the orders passed by the statutory authorities referred to above. Consequent to recovery action initiated by the first respondent, the entire amount was recovered and paid to the petitioner. Thereafter, the third respondent Society has become defunct.