JANKI PRASAD Vs. DEPUTY REGISTRAR CO OP SOCIETIES

JUDGEMENT

(1.) BEING aggrieved with the order dated 28.3.2005 passed by Joint Registrar, Co-operative Societies, Gwalior, the appellant has preferred this Second Appeal under section 78 (2) of M.P. Co-operative Societies Act, 1960 (for short the Act).

(2.) RELEVANT facts are that the Appellant was Director of Paras Grah Nirman Sahakari Samstha Maryadit, Gwalior (for short the Society). Certain irregularities were noticed in the Audit Report of the year 2002-03. Vide memo No. Vidhi/2004/454 dated 11.2.2004, the Joint Registrar forwarded the Audit Report to the President of the aforesaid Society for rectification of defects under section 61 of the Act. Joint Registrar also issued a Show Cause Notice to the Society under section 53 (2) of the Act on 11.2.2004, calling upon to submit their reply within 15 days from the date of issue of the Show Cause Notice. The President of the Society made a written request on 28.2.2004 to Deputy Registrar to furnish a copy of the Audit Report and other relevant documents and list of witnesses as required u/s 53 (2) of the Act. Vide order dated 9.3.2004 Deputy Registrar passed the order under section 53 (2) of the Act and superseded the Board of Directors and appointed Shri Mukesh Singhal, Co-operative Inspector as Officer Incharge for a period of one year. The President of the Society challenged the order of the Deputy Registrar passed under section 53 (1) of the Act in appeal in the Court of Joint Registrar. Gwalior who confirmed the order dated 9.3.2004 passed by Deputy Registrar. Hence this Second Appeal.

(3.) JUSTIFYING the order dated 9.3.2004, passed by Deputy Registrar and the order dated 28.2.2005 passed in appeal by Joint Registrar, the counsel for the respondent has submitted that due opportunity was accorded to the Society in lieu of Show Cause Notice issued to him under section 53 (2) of the Act. The Society was supplied with relevant documents as required u/s 53 (2) of the Act which is apparent from the acknowledgement slip placed in the record of the Deputy Registrar.