PADMA LOCHAN PANDA Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE petitioners, the elected President and eleven other elected Directors of the Board of Management of Balasore District Central Co -operative Bank Ltd., a Central Society, within the meaning of the Orissa Co -operative Societies Act have filed this writ petition challenging an order of supersession passed by the Registrar of Co -operative Societies by order No. 15624 dated October 4, 2000.

(2.) A proceeding u/s. 32(1) of the Orissa Co -operative Societies Act, 1962 was initiated against the Committee of Management of the Balasore District Central Co -operative Bank Ltd. (hereinafter referred to as the 'Bank'). The charge -sheet was issued. The petitioners submitted their reply to the charge -sheet. The petitioners were represented by an Advocate beforethe Registrar. They were allowed to inspect the necessary documents and to take note of the same under the supervision of the Registrar, Civil Courts, Bhubaneswar in accordance with the direction of this Court. Upon hearing the learned Advocate for the writ petitioners and considering their submissions the Registrar passed the impugned order dealing with each allegation contained in the charge -sheet. The Registrar considered the explanation submitted and recorded his findings on each of the charges. It is well settled that this Court in Constitutional writ jurisdiction cannot sit in appeal over the findings of fact recorded by the Registrar in the proceeding unless the same is without any basis or perverse, This Court has carefully read the order passed by the Registrar and does not find any thing perverse or absurd to interfere with. Some of the allegations particularly the allegation relating to sanction of loan in favour of one M/s. Utkal Construction Crusher Unit and deposit of the same in the account of Satya Sai Trust of which petitioner No. 1 was one of the trustees is really serious in nature. Accordingly this Court is not inclined to interfere with the findings recorded by the Registrar.

(3.) IT has been pointed out by the opp. parties that on April 10, 2000 the Registrar sought the opinion of the financing Bank being the Orissa State Cooperative Bank Ltd. on theproposal to proceed against the Bank u/s. 32(1) of the Act and to take action u/s. 32(7) of the Act. The Managing Director of the financing Bank sent an extract of the proceeding of the Meeting of the Managing Committee of the financing Bank held on June 13, 2000. By a resolution adopted in the said meeting the Managing Committee of the financing Bank resolved that the Registrar may take a decision basing on the observation/findings of the inspection/audit report as deemed proper. It is submitted on behalf of the opp. parties that in view of such decision of the financing Bank no further consultation was necessary before superseding the committee of management. By an additional affidavit affirmed by the Deputy Registrar of Cooperative Societies (Credit) another communication dated October 23, 2000 of the Managing Director of the financing Bank has been disclosed. It appears from the said letter (Annexure -A/2) that the Managing Director intimated that the financing Bank had no objection to whatever action was taken by the Registrar against the Committee of Management of the Bank.