SOUTHERN RAILWAY EMPLOYEES CO OPERATIVE CREDIT SOCIETY LTD Vs. CENTRAL REGISTRAR JOINT SECRETARY TO GOVERNMENT OF INDIA

JUDGEMENT

(1.) PRAYER In Wp. 45520 of 2002:- Petition filed under Article 226 of the Constitution of India for the issuance of a Writ of mandamus directing the first respondent and or the third respondent to conduct enquiry into the functioning of S. Ry. Employees Co-operative Credit Society Limited, ''rail Co-operative Mansion", Dindigul Road, Trichy 620 001, on the basis of the complaint dated 05. 4. 2002 preferred by the petitioners and take suitable necessary action in this regard.)Heard both sides. In the first writ petition, the petitioner is a Co-operative Society registered under the Multi-State Co-operative Societies Act, 1984 (for short '1984 Act' ). The challenge in this writ petition is to the enquiry ordered under Section 69 of the 1984 Act regarding the working and the financial condition of the petitioner society. The Joint Registrar of Co-operative Societies, Tiruchirappalli Region was appointed as the Enquiry Officer. Subsequently, by a further order dated 06. 6. 2002, the Co-operative Sub-Registrar was authorised to conduct an enquiry. Once again the Co-operative Sub-Registrar informed the petitioner society to produce the books of accounts in terms of his summons dated 14. 6. 2002. It is these proceedings, which are under challenge in the first writ petition.

(2.) PENDING the writ petition, this Court granted an interim stay on condition that the petitioner produces the books of accounts in terms of the notice dated 16. 9. 2002. A detailed counter affidavit dated ''nil'' has been filed on behalf of respondents 2 to 4.

(3.) IN the second writ petition, viz. , W. P. No. 45520 of 2002, the writ petition is filed by the two Directors of the Southern Railway Employees' Co-operative and Credit Society Limited seeking for a direction to the Registrar, Central Co-operative Credit Society, New Delhi and the third respondent CBI, New Delhi to conduct an inquiry into the functioning of the society on the basis of a complaint dated 05. 2. 2002 preferred by them. That writ petition was admitted on 28. 1. 2003. It was also directed to be posted along with the earlier writ petition.