ABID SULEMAN MEMBER CHAIRMAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) 1. By way of this petition under Article 226 of the Constitution of India, petitioners herein have prayed for following reliefs: b) This Hon'ble Court be pleased to issue a writ of mandamus or prohibition or any other appropriate writ, order or direction in the nature of mandamus directing the respondents Nos.1 & 2 to take appropriate steps including holding of inquiry and to take steps into the complaint application u/S. 74D, 76B, 81 and 93 of the Gujarat Co-operative Societies Act, 1961. c) By appropriate writ, order or direction, this Hon'ble Court be pleased to direct the respondents Nos.1, 2 & 3 to take appropriate action into the complaint Annexure-C, E, I and J and into the information disclosed while rejecting the petitioners Appeal Annexure-H.

(2.) Pursuant to the notice issued by this Court, Shri Pranav Dave, learned Assistant Government Pleader has appeared on behalf of respondents, more particularly, Registrar, Co-operative Societies, State of Gujarat and has submitted that on receiving the complaint against the Bank, an inquiry is already ordered under Section 86 of the Gujarat Cooperative Societies Act and Inquiry Officer is already appointed. Under the circumstances, present petition is not entertained at this stage and is disposed of with a direction that the inquiry already initiated under Section 86 of the Gujarat Co-operative Societies Act against the Bank and all others shall be concluded at the earliest but not later than three months from the date of receipt of present order, after following due procedure of law. Registrar, Co-operative Societies may also look into the allegations/complaints made by petitioners in its complaint/application/representation dated 19.04.2007, 10.07.2007, 07.01.2008, 08.01.2008 (Annexure E collectively to the petition) and dated 31.08.2009 (Annexure K to the petition) inclusive of the expenditure incurred towards professional fees alleged to have been paid by the Bank in anticipatory bail applications of employees of the Bank against whom the very Bank had filed criminal complaint. The aforesaid exercise shall be completed within a period of three months from the date of receipt of the present order, after following due procedure of law.

(3.) With this, present Special Civil Application is disposed of. Direct service is permitted.