ISHWARBHAI NAROTTAMBHAI PATEL Vs. K H TRIVEDI

JUDGEMENT

(1.) In Special Civil Applications No.305 of 1993 and No.7113 of 1992 there is a common order and the facts of Special Civil Application No.476 of 1993 is inter-connected and the inquiry was common and, therefore, all these petitions are being dealt with together by common judgement.

(2.) The short facts of the case are that the petitioners were members of the Executive Committee of Shri Khedut Sahkari Khand Udyog Mandali Ltd., which is respondent No.2 herein and which is a registered cooperative society under the Gujarat State Cooperative Societies Act (hereinafter referred to as the "Act"). The society had initially invited offer for supply of certain machinery for its sugar factory and ultimately the contract on turn-key basis was granted to one Bardoli Engineering Works as per the resolution dated 22-5-19984 for the amount of Rs.13,74,000.00 (Rupees thirteen lacs seventy-four thousand only). In the order, it was specifically mentioned that the amount of tax and erection charges are included. It is the case of the petitioner that after the issuance of the aforesaid order there was change in the design and, therefore, certain machinery was additionally required to be installed and the same was actually installed by the aforesaid Bardoli Engineering Works and because of the same, the said Bardoli Engineering Works had issued a bill of Rs.45,51,090.86. The aforesaid bill was considered by the Executive Committee of the Society and an amount of Rs.23,41,000.00 (Rupees twenty-three lacs fourty-one thousand only) was sanctioned as against the initial contract of Rs.13,74,000.00.

(3.) The aforesaid resulted into an audit and ultimately an inquiry under Section 93 of the Act was ordered by the Director of Sugar, Gandhinagar as per the order dated 27-12-1989, and the period of inquiry was from 1-10-1984 to 30-9-1986. Initially Shri K.P.Pandya, District Registrar, Cooperative Societies (Sugar) at Surat was appointed as the Inquiry Officer and thereafter, since he was transferred, the charge was given to one Shri R.G.Pandya. Thereafter, Shri R.G.Pandya did not complete the inquiry and ultimately as per the order dated 12-12-1990 issued by the Director of Sugar one Shri K.H.Trivedi was appointed as the Inquiry Officer. It is the case of the petitioners that the earlier Inquiry Officer, Shri Pandya was of the view that the liability could not be fixed upon the office bearers and, therefore, they did not proceed with the inquiry. However, there is no material on record to show the said aspect except the bare averments and submissions made by the petitioners.