DEFENCE PROJECT SEWAKANCHI SAHAKARI PAT SANSTHA LIMITED Vs. DIVISIONAL JOINT REGISTRAR COOPERATIVE SOCIETIES

JUDGEMENT

(1.) HEARD Dr. Anjan De, learned Advocate for appellant and Shri S.G. Loney, learned A.G.P. for respondents.

(2.) THE appellant is the registered Cooperative Credit Society. The respondent no.2 Assistant Registrar, Cooperative Societies initiated enquiry under Section 83 of the Maharashtra Cooperative Societies Act, 1960 against the appellant. The respondent no.3 Cooperative Officer, Grade-II was appointed to hold an enquiry into the financial conditions of the society. The respondent no.3 completed the enquiry and submitted report to the respondent no.2 on 13.11.1996. The respondent no.2, however, by his order dated 19.11.1996 did not accept the report submitted by the respondent no.3 and also passed separate order on 21.11.1996 whereby the respondent no.4 the Assistant Cooperative Officer was appointed as an Enquiry Officer to hold enquiry afresh under section 83 of the Act.

(3.) THE petitioner before the learned Single Judge heavily relied upon the provisions of Section 83(5) of the Maharashtra Cooperative Societies Act, 1960 along with the provisions of Rule 71(3) of the Maharashtra Cooperative Societies Rules, 1960 in order to substantiate its contention that respondent no.2 could not have changed the Enquiry Officer after conclusion of the enquiry. The main contention of the appellant was that the enquiry as initiated under section 83 was already completed by the respondent no.3 and report was submitted and, therefore, the respondent no.2 could not have passed an order appointing respondent no.4 in place of respondent no.3. The learned Single Judge dismissed the petition recording a finding that there is nothing on record to show that the officer had completed the enquiry before he submitted the report and the petitioner has also not made a statement in the petition that the officer concerned has completed the enquiry.