( 1 ) HEARD Shri Mohta, learned counsel for the petitioner, Shri. Mishra, learned counsel for respondent Nos. 1 and 2 and Smt. Bodade, learned AGP for respondent No. 4. Nobody appears for respondent No. 3, though served.

( 2 ) THE grievance made by Shri. Mohta, learned counsel for the petitioner is that the enquiry under Section 88 of the Maharashtra co-operative Societies Act, 1960, was ordered and was conducted by Respondent No. 3. After respondent No. 3 submitted his report in that enquiry, holding Respondent Nos. 1 and 2 guilty of misconduct and ordering recovery from them, Respondent Nos. 1 and 2 filed appeal under section 152 of Maharashtra Co-operative societies Act, 1960, (hereinafter referred to as the Act), before Respondent No. 4-Maharashtra state Co-operative Appellate Court. He contends that such appeal was not tenable and it was premature inasmuch as no formal order as contemplated by S. 88 of the Act was passed by any officer of the Co-operative department ordering such recovery. He invites attention of the Court to the subsequent order dated 1- 10-1992 passed by the Assistant Registrar of co-operative Societies, in which again recovery has been directed. He