A.K.SASIDHARAN NAIR Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioners have filed this writ petition seeking to quash Exts.P8 and P10 orders passed by the second and first respondents respectively and also to declare that petitioners are not liable to be imposed with any surcharge and no amount can be recovered from petitioners under the provisions of the Kerala Co- operative Societies Act and Rules (hereinafter referred to as ' the Act' and 'the Rules').

(2.) Material facts for the disposal of the writ petition are as follows:- On the basis of petition filed by some members of the CPWD Staff Co-operative Housing Society Ltd. No. T 874, Thiruvananthapuram (hereinafter referred to as' the Society) an enquiry under Section 65 of the Act was conducted by the Assistant Registrar of Co-operative Societies (General), Thiruvananthapuram. All the petitioners were employees of the Central Public Works Department and petitioners 1 and 3 retired from service on 31.1.1997 and 1.2.1998. The second petitioner was in service while the writ petition was filed.

(3.) The Society is one registered under the Kerala Co-operative Societies Act in the year 1984 and started operation on 5.12.1984 by the petitioners along with other members of the Society. During the period from 1985-86 to 1987-88 while petitioners were members of the Managing Committee of the Society, an enquiry into the affairs of the Society was conducted by the second respondent under Section 68 of the Act. According to petitioner, the said enquiry was conducted since certain members of the General Body who had ill will against the petitioners and other members of the Managing Committee. There were 90 members in the Society. Among the said members 64 members were employees of Central Public Works Department. The other 24 members were employees of other Government of India Organisation. The Board of Directors of the Society was constituted by the employees of the Central Public Works Department. Since the members of the General Body of the Society, who were working in other Central Government Organisation did not succeed in getting elected to the managing Committee of the Society, they filed petitions before the second respondent against the members of the Board of Directors with the intention to harass them.