K G CHANDRASEKHARAN RETIRED JOINT DIRECTOR OF CO-OPERATIVE AUDIT Vs. JOINT REGISTRAR OF CO-OP SOCIETIES (GENERAL)

JUDGEMENT

(1.) The petitioner, who retired from service while working as Joint Director of Co-operative Audit in the Co-operative Department and had also worked as Joint Registrar of Cooperative Societies, Wayanad, has filed this writ petition under Article 226 of the Constitution of India for a writ of certiorari to quash Exhibit-P6 enquiry report submitted to the 1st respondent Joint Registrar of Co-operative Societies under Section 65 of the Kerala Co-operative Societies Act and Exhibit-P7 enquiry report under Section 68(1) of the said Act submitted by the 2nd respondent Assistant Registrar of Cooperative Societies and seeking a writ of mandamus commanding respondents 1 and 2 to refrain from proceeding with the surcharge proceedings against the petitioner, evidenced by Exhibits-P7 and P11. The petitioner has also sought for other consequential reliefs.

(2.) On 28.05.2018, when this writ petition came up for admission, the learned Government Pleader was directed to get instructions in the matter. By order dated 28.05.2018, further proceedings pursuant to Exhibit-P11 notice dated 13.04.2018 issued by the 1st respondent under Section 68(2) of the Act was directed to be kept in abeyance till then. The said interim order was extended for a further period of one month on 06.06.2018.

(3.) Today, when the case is taken up for further consideration, an adoption memo has been filed by the learned Government Pleader to adopt the counter affidavit in W.P.(C) No.15398 of 2018 as the counter affidavit in this writ petition.