GAJANAN MAHADEO KULKARNI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The petitioners have impugned the order of the Divisional Joint Registrar, Co-operative Societies (Appeal), Mumbai, by which he has dismissed the revision application filed by the petitioners and confirmed the orders passed by the Assistant Registrar on 20.2.1993 and 10.10.1994.

(2.) The petitioners were members of the respondent No.5 Society and were in fact members of the Managing Committee of the Society during the period from 31.1.1982 to 30.9.1990. A General Body meeting of the Society was held on 30.9.1990 when it was resolved that a Committee should be appointed to conduct an enquiry into the misuse of the Society s funds by the Managing Committee. The Committee called upon the petitioners to provide information to it in respect of the misuse of funds. The petitioners requested the Committee to provide them details of the information which they were expected to furnish. A resolution was passed at the Annual General Body meeting held on 26.1.1992 declaring that the petitioners will be responsible for the corruption during the period from 31.1.1982 to 30.9.1990 with respect to the Society. The General Body also resolved that the flats allotted to the petitioners should not be sold by then till a decision was taken by either the Court or the Government.

(3.) An enquiry was instituted under Section 83 of the Maharashtra Co-operative Societies Act, 1960. The enquiry was initially conducted by one Shri P.V.Deshpande but was later abandoned. Thereafter another enquiry officer, Shri Khadakkar, was appointed and he was directed to complete the enquiry within two months. The petitioners appeared before the Enquiry officer and submitted whatever information was required by him. The enquiry was completed and the report was submitted by the Enquiry officer, Khadakkar to the Society through the Deputy Registrar, Co-operative Societies, "T" Ward. The report was however not furnished to the petitioners, despite the petitioners request for the same.