ANIL DOWARAH Vs. STATE OF ASSAM

JUDGEMENT

(1.) PETITIONER No. 1 is a social activist as well as a shareholder of Laruah G. P. Samabai Samittee Ltd. while petitioner Nos. 2 and 3 are the elected members of the said samittee. On 15. 9. 2006 two complaints were lodged before the Inspector, Food and Civil Supplies, Dibrugarh, one by Smt. Rina Chetia and the other by Sri Makhan Sonowal, both agents under the Laruah G. P. Samabai Samittee Ltd. , contending that on 13. 9. 2006 at about 6. 30 p. m. respondent No. 7, Chairman of the said Committee along with an unknown person visited the fair price shop belonging to the above two persons. The unknown person was introduced as Inspector of Food and Civil Supplies, Dibrugarh by respondent No. 7, who conducted an inspection of the relevant books of accounts of the said fair price shop belonging to Smt. Rina Chetia and Sri Makhan Sonowal and as per instruction of respondent No. 7, the Chairman. They paid Rs. 1000/- each to the said unknown person who was later known to be one Mukheswar Phukan, an Assistant Teacher of Lejai High School, Dibrugarh, respondent No. 8 herein. The office of the Deputy Commissioner, having been received two complaints, entrusted an enquiry in regard to the truthfulness of the complaints so made to one M. K. Sonowal, Inspector, Food and Civil Supplies, Dibrugarh who submitted a detailed report to the authority on 16. 10. 2006. Inquiry Officer namely Sri M. K. Sonowal observed that the Chairman of Laruah G. P. Samabai Samittee Ltd. , Dibrugarh, respondent No. 7 made a confession that he along with the respondent No. 8 had been to the shop of the complainants and made inspection therein. Institution of a criminal proceeding was suggested in the report against the Chairman of Laruah G. P. Samabai Samittee Ltd. , Dibrugarh, respondent No. 7 and also to take appropriate action in accordance with the provisions contained in Assam Co-operative Societies Act. On the basis of the said report submitted by Inspector of Food and Civil Supplies, Dibrugarh, the office of the Deputy Commissioner, Dibrugarh lodged an FIR on 13. 12. 2006 before the Barbaruah Police Station for taking appropriate action against the accused person. Accordingly Barbaruah P. S. Case No. 96 of 2006 under Sections 419/420 IPC was registered. But despite such registration of a case on the basis of the First Information Report lodged on 13. 12. 2006, the Investigating agency did not proceed with the matter for which the petitioner along with some others had to submit a public complaint before the Registrar, Co-operative Society, Assam on 17. 4. 2007 for taking appropriate action against the respondent No. 7. The said public complaint was endorsed to Assistant Registrar, Co-operative Societies, Dibrugarh by the Registrar of Co-operative Societies to make an enquiry into the matter and submit a detail report immediately, but till today nothing had been done in the matter of public complaint so endorsed to the Assistant Registrar of Co-operative Societies, Dibrugarh.

(2.) IN the midst another application was submitted before the Sub Divisional Officer, Sadar, Dibrugarh by the complainants stating inter alia that they are no longer interested in the complaints and wanted to withdraw the same accordingly. The said application was placed before the appropriate authority with another application filed by the complainants namely, Smt. Rina Chetia and Sri Makhan Sonowal wherein it was alleged that under duress, they filed the application for withdrawal of the complaints. It is also stated in the application that they never intended to withdraw the complaints so filed by them.

(3.) SINCE the inquiry report has clearly indicated that the Chairman of the said Samabai Samittee, respondent No. 7 deceitfully represented the respondent No. 8 as Inspector of Food and Civil Supplies to the complainants for his wrongful gain, Registrar of Co-operative Society, Dibrugarh and his/her subordinate, Assistant Registrar, Co-operative Society, Dibrugarh ought to have taken an appropriate action against the Chairman, the respondent No. 7. The inaction on the part of the Registrar, Co-operative Societies, has exhibited the evil design of respondent No. 7, an elected member of the society. It is alleged that continuance of respondent No. 7 as Chairman of the Society would jeopardize the glorious history of Laruah G. P. Samabai Samittee Ltd. In the writ petition, it is further alleged that because of the highhandedness of the respondent No. 7, the Registrar of Co-operative Society, Assam as well as Assistant Registrar of Co-operative Society, Dibrugarh have not yet taken any positive step against the respondent No. 7 and slept over the matter at their own whims.