- (1.) THE present petition has been preferred under Article 226 of the Constitution of India against the order passed by the Joint Registrar, Co -operative Societies, South Chotanagpur Division, Ranchi in Surcharge Appeal No. 2/2007 dated 3rd August, 2007 (Annexure -6 to the memo of the petition) whereby the aforesaid authority has granted stay in favour of one Sri Abdul Rahim Khan and against this interim stay, during pendency of the Surcharge Appeal No. 2/2007, this writ petition has been preferred.
(2.) HAVING heard learned counsel for both the sides and looking to the facts and circumstance of the case, I see no reason to entertain this writ petition mainly for the following facts and reasons: - (i) A case bearing Surcharge Case No. 1/2006 -07 was instituted by the District Audit Officer, Chaibasa against the erring officer of the petitioner -Co -operative Credit Society, who have misappropriated the sizeable amount to the tune of Rs. 39,25,451/ -. The said surcharge case was allowed in favour of District Audit Officer, Chaibasa on behalf of the petitioner -Co -operative Credit Society vide order dated 5th April, 2007. (ii) It also appears that thus the petitioner is a decree holder in Surcharge Case No. 1/2006 -07 and there are as many as four judgment debtors namely - (a) Sri R.N. Mohanty (b) Sri N.K. Sahu, (c) Sri R.N. Roy (president of the petitioner -Co -operative Credit Society) and (d) Sri Abdul Rahim Khan (Secretary of petitioner -Co -operative Credit Society) and they were held liable for Rs. 17,97,742/ - and they were directed to deposit the aforesaid amount. Thus, they are jointly and severably liable for making payment of the aforesaid amount to the petitioner -Co -operative Credit Society. Petitioner - Cooperative Credit Society is a judgment creditor to recover the aforesaid amount of Rs. 17,97,742/ - from any one of the judgment debtors or from all. (iii) It appears that one of the judgment debtors namely Sri Abdul Rahim Khan has preferred Surcharge Appeal No. 2/2007 before the Joint Registrar, Co -operative Societies, South Chotanagpur Division, Ranchi and during pendency of the appeal and during hearing of the said appeal, stay has been given as an ad -interim relief vide order dated 3rd August, 2007 at Annexure -6 to the memo of the petition, which is the impugned order. Looking to this order, it has been clarified by the lower appellate authority that the stay order is applicable only to Abdul Rahim Khan (Secretary of petitioner -Cooperative Society) and further hearing of the appeal is already fixed by the lower appellate authority. (iv) In view of these facts, it appears that the petitioner can recover the amount ordered by the District Cooperative Officer from any or all the judgment debtors, except Abdul Rahim Khan. Thus, the impugned order is an ad -interim order. If the petitioner is aggrieved, it can also approach the said lower appellate authority and get the order, granting ad -interim relief to respondent no. 5 herein, vacated. (v) It is contended by learned counsel for the petitioner that the Joint Registrar of Co - operative Societies has not given the next date of hearing and, therefore, the stay has been continuing and, therefore, let a direction be given to the Joint Registrar of Co - operative Societies, Chotanagpur Division, Ranchi to expedite the hearing of Surcharge Appeal No. 2/2007. Learned counsel for the respondent - State has submitted that they have no objection, if such a direction is given. In view of these facts and reasons, I hereby, direct the Joint Registrar, Co -operative Societies, South Chotanagpur Division, Ranchi to expedite the hearing of the Surcharge Appeal No. 2/2007 and dispose of the same as early as possible and practicable, preferably within a period of twelve weeks from the date of receipt of a copy of the order of this Court, in accordance with law.
(3.) THE observations made in this order is only for the purpose of disposal of this writ petition and independent decision will be arrived at in accordance with law, by the Joint Registrar, Co -operative Societies, South Chotanagpur Division, Ranchi before whom the Surcharge Appeal No. 2/2007 is pending , within the stipulated time, as stated hereinabove.;