LAWS(GJH)-2022-8-1111

ARJANBHAI MADHUBHAI RABARI Vs. STATE OF GUJARAT

Decided On August 08, 2022
Arjanbhai Madhubhai Rabari Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) By way of this petition the petitioner has prayed for the following reliefs (Page-15, Para- 6) :-

(2.) Heard Mr. Dilip B. Rana, the learned advocate appearing for the petitioner and Ms. Nidhi Vyas, the learned Assistant Government Pleader appearing for the respondent - State.

(3.) It appears that the petitioner worked as secretary of Sakkarpura Dudh Utpadak Sahkari Mandli Limited for a period between 2002 to 31/3/2018 and the society is registered under the provisions of the Gujarat Co-operative Societies Act, 1961. The petitioner voluntarily retired from service on 31/3/2018. It appears that the Special auditor grade one finalized the audit work of the society for the period of 1/4/2017 to 31/3/2018, without securing the presence of the petitioner herein. The petitioner herein gave an application for seeking re-audit on 18/3/2020 to the Special auditor Shri P.H. Acharya raising grievance to the manner in which the audit was carried out and it was requested that the audit be carried out in the presence of the petitioner as the petitioner had noticed from irregularity in the said audit at the instance of the Chairman and that the same would effect the petitioner for any illegalities that would be reported in the audit report. It appears that the petitioner by a communication dtd. 18/3/2020 wrote a letter to the Special Auditor Shri P.H. Acharya to carry out the audit of the accounts of the society in presence of the petitioner and to take necessary action in accordance with law. The petitioner also deposited the requisite fees for re-audit. The petitioner gave an application for re-audit on 26/3/2021 for the accounts for the year 1/4/2017 to 31/3/2018.