DEVRAM BIRLA Vs. ASSTT REGISTRAR CO OP SOCIETY

JUDGEMENT

(1.) BEING aggrieved of the orders dated 30.12.1999 passed by the Asstt. Registrar, Cooperative Societies, Khargone in Surcharge case no. 7/92, under section 63 (2) of the M.P. Cooperative Societies Act, for short hereinafter referred to as Act, the appellant has preferred this First Appeal No. 32/2000 under section 63 (3) Ibid. Similarly the present appellant - Dev Ram has also preferred F.A. 34/2000 against the same impugned order of the Asstt. Registrar of even date passed in surcharge case No. 8/92. Against those very two impugned orders the First Appeal No. 35/2000 and FA No. 36/2000 have also been preferred by appellant - Jayanti Lal. Similarly the appellant - Dev Ram has also preferred first appeal No. 33/2000 against the impugned order of even date passed by the Asstt Registrar, Cooperative Societies, Khargone in surcharge case no. 9/92. In all those appeals common question of fact and law raises and, therefore, all these appeals have been clubbed together and shall be disposed of by this common order.

(2.) BRIEF facts giving rise to this appeal are that during the relevant period 1988-89 the appellant - Dev Ram was Samiti Prabanthak of Res. No. 2 society, similarly appellant - Jayanti Lal was Branch Manager of the Cooperative Bank Khargone. Being Samiti Prabanthak appellant - Dev Ram was also member secretary of Res. No. 2 society and ex-officio director of its committee. Being Branch Manager Appellant - Jayanti Lal was also director of the committee of the Res. No. 2 society in his ex- officio capacity.

(3.) THIS order of the learned Asstt. Registrar is impugned here in these four appeal Nos.32/2000, 34/2000, 35/2000 & 36/2000. As pointed out above, appeal 32/2000 & 34/2000 have been filed by appellant - Dev Ram and Appeal No. 35/2000 & 36/2000 have been filed by appellant Jayanti Lal on the ground that the impugned order of the learned Asstt. Registrar is illegal. Rise in pay scale to the employees or increased pay was disbursed to them in compliance to the resolution of AGM.