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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
AMIT BORKAR
Nainesh Sanghvi – Appellant
Versus
State of Maharashtra, through the Office of Government Pleader attached to this Hon’ble Court – Respondent
| Table of Content |
|---|
| 1. overview of petition and proceedings (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. petitioners' arguments against liability (Para 7 , 8 , 9 , 10) |
| 3. analysis of statutory authority and functus officio (Para 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25) |
| 4. emerging legal principles from the case (Para 26 , 27) |
| 5. final ruling and relief granted (Para 28 , 29 , 30) |
JUDGMENT:
AMIT BORKAR, J.
1. These petitions raise common issues of fact and law. It is therefore appropriate to decide them together by a common judgment.
2. These petitions arise from proceedings initiated under Section 88 of the Maharashtra Cooperative Societies Act, 1960. The core issue that calls for determination is limited but important. It is whether an Authorised Officer who stands replaced by another officer, after the proceedings under Section 88 have been closed for preparation of the report due to complaints of denial of hearing, can still submit a report only because he claims that he was unaware of the order of his substitution. The answer to this issue goes to the legality of the proceedings themselves.
3. The relevant facts are stated hereafter for clarity.
4. On 30 October 2018, Res
An officer's authority ceases upon replacement; thus, a report submitted by a replaced officer is void regardless of their knowledge of the replacement.
Special Report under Section 81(5B) and order directing Section 88 inquiry are preliminary administrative steps, not orders/decisions affecting rights, hence not amenable to revision under Section 15....
The impugned order granting 15 days to submit rectification of defects was not violative of Section 82, and an opportunity of rectification under Section 82 is not a condition precedent for ordering ....
Findings in re-audit reports under the Maharashtra Co-operative Societies Act do not constitute a 'decision' or 'order' and are not subject to revision under Section 154.
Liability under Section 87 of the Tamil Nadu Cooperative Societies Act requires evidence of wilful negligence, which was not established for the clerk in this case.
Petitioners must raise their contentions before the competent authority upon issuance of show cause notice under the Kerala Co-operative Societies Act, 1969, as they cannot contest the inquiry report....
Costs for inquiries must be assigned based on final adjudications; imposing costs on those exonerated lacks legal justification and contradicts fair process principles.
An expert director without voting rights cannot be held liable for damages under Section 88 of the Maharashtra Cooperative Societies Act due to lack of involvement in management decisions.
The Registrar's orders for removal of officers from a Cooperative Society were quashed due to lack of jurisdiction and failure to consider ongoing arbitration, emphasizing the necessity of due proces....
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