K. Ramaswamy, J. - (1.) The appellant, the Ex-Treasurer of the Gopalganj Co-op. Development and Cane Marketing Union, Gopalganj, was said to have defalcated a sum of Rupees 95,790.54 and for recovery thereof, proceedings were initiated under S. 48 of the Bihar and Orissa Co-operative Societies Act, VI of 1935, for short 'the Act' with interest accrued thereon of Rs. 25,555.00 as on December 30, 1976. The Registrar referred the matter to the Asstt. Registrar, Gopalganj, who on enquiry and having given the opportunity to the appellant passed an award in Case No. 400 of 1975 on December 30, 1976 for the aforesaid sums. On appeal, the Deputy Registrar set aside the award on the ground that the appellant was surcharged in Surcharge Case No. 18 of 1976. On further revision, the first respondent set aside the appellate order and confirmed the award with a further direction to pay interest till date of recovery. The appellant filed C. W. J. C. No. 1819 of 1979 which was dismissed in limine by the Patna High Court on August 2, 1979. Thus this appeal by Special Leave.
(2.) The learned Counsel for the appellant raised two-fold contentions. His first contention is that the Registrar has no revisional jurisdiction under S. 56 since the award of the Asstt.'Registrar is by the Registrar under the Act and the Asstt. Registrar acted as his delegate. In support thereof he placed strong reliance on Din Dayal Singh v. Bihar State Co-operative Marketing Union Ltd., AIR 1976 Pat 179. It is further contended that surcharge proceedings against the appellant were initiated under S. 40 in which the appellant was found payable of partial amount as against which the society filed an appeal before the Government which is pending. The award amounts to double jeopardy for the same liability. Therefore, it is illegal. We find no substance in either contention.
(3.) Section 2(i) of the Act defines 'Registrar', which means a person appointed to perform the duties of Registrar of Co-operative Societies under this Act. Section in Chapter II provides thus: "6. The Registrar - (1) The State Government may appoint a person to be Registrar of Co-operative Societies for the State or any portion of it, and may appoint persons to assist such Registrar. (2) The State Government may, by general or special order published in the Official Gazette, confer - (a) on any person appointed under subsection (1), to assist the Registrar, all or any of the powers of the Registrar under this Act except the powers under Section 26; and (b) on any Co-operative Federation or financing bank, all or any of the powers of the Registrar under Sec.20, sub-section(3) of Section 28 and Section 33. (3) Where the State Government is of opinion that the Registrar needs the assistance of Additional Registrar for speedy disposal of business, it may by order published in the Official Gazette, appoint such number of Additional Registrar as it may deem fit. (4) Notwithstanding anything to the contrary contained in any other provision of the Act, the Registrar may delegate, transfer or assign to the Additional Registrar such of his powers and functions and duties as he may consider necessary including the power under Sections 25 and 56 and the Additional Registrar shall, thereupon have powers of Registrar in matters so delegated, transferred or assigned to him. From a reading of sub-sections (1) to (3) of S. 6, it is clear that the State Government may appoint a person to be the Registrar of the Co-operative Societies besides Additional Registrar and also appoint persons to assist such Registrar. Under sub-section (2)(a) the persons appointed to assist the Registrar are entitled to exercise all or any of the powers of the Registrar under the Act except under Sec. 26. Sub-section (4) gives power to the. Registrar to delegate, transfer or assign to the Addi. Rlgistrar all the powers including the power under Ss. 26 and 56 and thereupon the Addi. Registrar as a delegate of'the Registrar is empowered to exercise powers so transferred or assigned or delegated to him. Section 6 thereby makes a clear distinction between the exercise of the powers of the Registrar, by the Addl. Registrar as a delegatee of the Registrar and of the Asstt. Registrars or Dy. Registrars appointed to assist the Registrar empowered as such in the discharge of their functions under the Act. Such assistants are entitled by statutory operation to exercise the powers under the Act conferred by the State Govt. except to the extent expressly excluded by the statute.;