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

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. 08. 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 submitted that the petitioner, after careful perusal of the special audit report, was satisfied that the respondents are guilty of above referred acts and, therefore, appointed the above referred officer to proceed against them in view of Section 88 of the Act. THE learned Counsel submitted that the petitioner in view of the provisions of Section 88 of the Act was justified in passing the order dated 25th October 1985 which is sustainable in law. It is further contended that the necessary inquiry in regard to the misfeasance and breach of trust, etc. against the respondents was to be conducted by the authorised officer as per the provisions of Section 88 of the Act and, therefore, it was not necessary for the petitioner to mention in the order the circumstances on the basis of which the satisfaction is reached by the petitioner/registrar at this stage.