NATWARLAL PITAMBARDAS PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This is a petition under Article 226 of the Constitution of India seeking the following reliefs :-

(2.) Heard Mr. B.S. Patel, the learned Senior advocate for Mr. Ranjan Patel, the learned advocate and Mr. Dipen Desai, the learned advocate appearing for the respective petitioners.

(3.) The petitioners herein were Directors of Gujarat State Co-Operative Marketing Federation Ltd. (For short "the Federation') in the accounting year of 1985-1986 and 1986-87. It is pertinent to note here that the Registrar, Co-operative Societies was also Director in the federation alongwith the petitioners and other persons who expired but, no notice have been issued to the Registrar. Even though the respondent No.2 have chosen to issue the notice to the Government Nominees who have been appointed under Sec. 80 of the Act. The notice at Annexure-A is issued on the strength of transactions which took place in 1985-1986 and 1986-1987. Because of the lapse of years, the petitioners are not in a position to clarify all the points which have been raised in the notice at Annexure "A". The inquiry was initiated and the inquiry report dtd. 18/1/1999 is duly produced at Annexure-G. The petitioners seems to be Directors of the Gujarat State Co-Operative Marketing Federation Limited. The report for a period commencing from 1985-1986 and 1986-1987. Hence, the proceedings under Sec. 93 of the Act cannot be initiated in view of the fact that the report is prior to five years. Undisputedly, the show cause notice has been issued on 16/11/2005 which is duly produced at Annexure-A (Page No.31-39), which is the subject matter of the petition.