SANJAY KUMAR SHARMA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The case is taken up through Video Conferencing.

(2.) The present writ petition has been filed for quashing the letter as contained in memo No. 475 dtd. 3/7/2019 (Annexure-8 to the writ petition) issued by the respondent No.5 whereby the petitioner (the present Honorary Secretary and former Treasurer) and one Pradeep Kumar (the former Honorary Secretary) of the CCL Employee Co-operative Credit Society Limited, Barkakana (hereinafter referred to as ..the said society..), have been directed to deposit a sum of Rs.3,80,539.00 along with interest in the bank account of the said society within twenty four hours, failing which an appropriate action as per the Jharkhand Co-operative Society Act, 1935 [hereinafter referred to as ..the Act, 1935..] would be taken against them. Further prayer has been made for quashing the letter as contained in letter No. 2336(6) dtd. 10/8/2018 (Annexure-4 to the writ petition) whereby the respondent No.3 while observing that disbursement of Rs.3,80,539.00 in the honorarium head for the period from 1993 to 2008 was contrary to Clause 44(c) of the Bye-laws of the said society, has directed the respondent No.5 to recover the said amount along with interest from the petitioner and one Pradeep Kumar within a period of three days. The petitioner has also prayed for quashing the letter as contained in memo No. 383(6) dtd. 4/2/2019 issued by the respondent No.3 directing Shri Pradeep Kumar (former Honorary Secretary) and the petitioner to deposit the said amount along with interest (payable at the rate of nationalized bank) paid as honorarium during the period from 1993 to 2008, failing which an appropriate action for recovery of the same would be taken against them.

(3.) The factual background of the case, as stated in the writ petition, is that the said society in its Annual General Body meeting held on 11/5/2008, decided at agenda No.3 that dividend earned for the period of business years between 1992-93 to 2007-08 and honorarium equivalent to 13% of the dividend should be paid to its office bearers. Thereafter, the said decision regarding disbursement of honorarium among the office bearers, as sanctioned by the Annual General Body meeting held on 11/5/2008, was placed before the respondent No.5 for his approval in terms with Clause 44(c) of the Bye-laws of the Co-operative Credit Society and the said respondent granted approval to the said decision of the Annual General Body meeting vide letter dtd. 5/9/2008. Thereafter, the honorarium was disbursed to its office bearers, who had served the society for the period from 1992-93 to 2007-08. Subsequently, an objection was raised in the audit report of the business years 2008-15 observing that disbursement of honorarium to the office bearers did not have the necessary approval of the Registrar, Co- operative Societies, Jharkhand, Ranchi (the respondent No.3). The said respondent issued letter bearing memo No. 2336(6) dtd. 10/8/2018 to the respondent No.5 with a copy to the petitioner stating that disbursement of honorarium was in contravention of Clause 44(c) of the Bye-laws of the Co- operative Credit Society and the amount should be recovered along with interest from the former Honorary Secretary, namely, Prdeep Kumar and the petitioner (former Treasurer of the said society). After receipt of the aforesaid letter, the petitioner made representation dtd. 25/9/2018 before the respondent No.3 stating that disbursement of the honorarium was not in violation of Clause 44(c) of the Bye-laws of the Co-operative Credit Society, rather it was in terms with the approval granted by the respondent No.5 and as such there was no illegality in disbursement of honorarium and accordingly requested for recall of letter as contained in memo No. 2336(6) dtd. 10/8/2018. Subsequently, the letter as contained in memo No. 383(6) dtd. 4/2/2019 was issued by the respondent No.3 to Shri Pradeep Kumar (former Honorary Secretary) and the petitioner (former Treasure) stating that they had disbursed the honorarium for the period from 1993 to 2008 among the office bearers to the tune of Rs.3,80,539.00 in contravention of Clause 44(c) of the Bye-laws of the Co-operative Credit Society and hence the amount disbursed under the said head along with interest was directed to be deposited in the account of the said society within two days, failing which appropriate action for recovery of the same would be taken against them. The petitioner filed reply to the same vide his letter dtd. 6/2/2019 stating that the honorarium amount was disbursed in pursuance of the decision of the said society taken in the Annual General Meeting held on 11/5/2008 which was duly approved by the respondent No.5 vide letter No. 702 dtd. 5/9/2008. Thereafter, the petitioner and the former Honorary Secretary were served the impugned letter as contained in memo No. 475 dtd. 3/7/2019 issued by the respondent No.5 directing them to deposit an amount of Rs.3,80,539.00 which was disbursed as honorarium to the office bearers of the said society for the period from 1993 to 2008 along with interest (at standard rate of nationalized bank as well as of society) in the account of the said society within twenty four hours, failing which an appropriate action for recovery of the said amount would be taken against them under the provisions of the Jharkhand Co-operative Societies Act, 1935 and the Jharkhand Co-operative Societies Rules, 1959 (hereinafter referred to as ..the Rules, 1959..).