P.P. RAMAN MENON Vs. THE STATE OF MADRAS REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF INDUSTRIES, LABOUR AND CO-OPERATION AND ORS.

JUDGEMENT

(1.) THIS is a petition for the issue of a writ of certiorari, to quash an order passed by the State of Madras, in its Department of Industries, Labour and Co -operation. The order was passed under Section 57 of the Madras Co -operative Societies Act, in these circumstances.

(2.) THE petitioner was the Secretary of a Producer Gum Consumer Co -operative Society in Ponnani, Malabar District. He occupied this post on various dates from 26th August, 1946 to 28th December, 1948. During this period, he was stated to have been guilty of misappropriation of some amounts belonging to the society by using forged and irregular vouchers, in conspiracy with an accounts clerk of the same society. On the basis of these allegations, an application was made by the President of the Society to the Registrar, for arbitration under Section 51 of the Cooperative Societies Act. The amount claimed by the society as having been lost to it by this misappropriation, was a sum of Rs. 4,567 -2 -7. In proof of and as evidence of this misappropriation, the society filed before the arbitrator 82 vouchers whose authenticity, as well as propriety were disputed by the society. The arbitrator went into the dispute, and by his award held that 74 of these vouchers related to a period beyond 2 years covered by the proviso to Rule 15(1) of the Rules made under the Co -operative Societies Act, which prescribes a period of 2 years for a claim by the society against a past officer or servant. In regard to the other 8 of the vouchers, the arbitrator held that the society might prefer a separate claim in regard thereto, and seek a separate reference.

(3.) IT is the validity and legality of this order that is challenged in this writ petition. Mr. Sundara Iyer, learned Counsel for the petitioner, has urged before me various grounds. But as I find that one of the grounds taken by him is well -founded, I do not think it necessary to even set out the other grounds urged.