DIRECTOR OF HANDLOOMS POWERLOOMS AND CO OPERATIVE TEXTILES Vs. G S RAMBHAD CHAIRMAN VIDARBHA WEAVERS CENTRAL CO OPERATIVE SOCIETY LIMITED

JUDGEMENT

(1.) HEARD Shri Meshramkar, A. G. P. for the petitioner and Shri Madkholkar, learned Counsel for the respondent.

(2.) THE writ petition is directed against the order dated 22-8-1986 passed by the Member, Maharashtra State Co-operative Appellate Court, Bombay, Bench at Nagpur whereby the order dated 25-10-1985 passed by the petitioner is set aside.

(3.) THE learned Counsel for the petitioner submitted that the petitioner, after careful consideration of the audit report of Vidarbha Weavers Central Co-operative Society Ltd. , Nagpur for the years 1981-82 and 1982-83 recorded by the Special Auditor Class-I, Co-operative Societies, Nagpur was satisfied that the persons mentioned in Clause No. 5 in the Schedule at Annexure-A including the respondents had taken part in the management of the society and were guilty of misfeasance and breach of trust in relation to the society and they have misapplied, retained and they have become liable and accountable for the money and property of the society as mentioned in the schedule and have acted improperly, inefficiently and in a manner which is highly uneconomic and detrimental to the interests of the society and that they have acted contrary to the provisions of the Maharashtra Co-operative Societies Act, 1960 and the Rules made thereunder. The learned Counsel further submitted that the petitioner, in accordance with the provisions of section 88 of the Act, exercised powers conferred upon him by virtue of this section, being satisfied about the conduct of the respondent in respect of the above referred situation, authorised Shri K. R. Pandey, retired Additional Registrar, Co-operative Societies to frame charges against the respondents and after giving them reasonable opportunity to answer the charges to make an order requiring them to repay or restore the money or property or any part thereof with interest at such rate as he may determine or to contribute such sum to the assets of the society by way of compensation in regard to the, misapplication, retention, misfeasance or breach of trust as he may determine.