RAMESHWAR PRASAD Vs. JOINT REGISTRAR

JUDGEMENT

(1.) The petitioner in the instant petition has challenged order dt.26.10.2018 passed by the Rajasthan State Cooperative Tribunal, Jaipur while deciding the appeal filed by the petitioner under Section 105 of the Rajasthan Cooperative Societies Act, 2001.

(2.) The petitioner also has felt aggrieved against the order dt.21.09.2016 passed by the Additional Registrar (II) Cooperative Societies, Rajasthan, Jaipur and order dt.07/15.01.2003 passed by the Joint Registrar, Cooperative Societies, Ajmer.

(3.) Learned counsel for the petitioner has submitted that the Rajasthan Cooperative Societies Act, 2001 was enacted by the State Legislature by repealing earlier Cooperative Societies Act. Section 57 of the new Act provided for taking action on the basis of some audit/inquiry/inspection against the employee and if the employee has made losses contrary to the provisions of the Act, the loss of deficiency in assets can be invoked only by a person authorized. Learned counsel has submitted that the explanation which was provided in the original Section 57 with regard to conferring the power to the Registrar/different authorities, came to be deleted in the Act of 2003 w.e.f. 08.04.2003. Learned counsel has submitted that the very initiation of action against the petitioner was not as per law.