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2017 Supreme(Ker) 107

IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.B. SURESH KUMAR, J.
V. DINAKARAN, EX. M.L.A., CHAIRMAN, MANAGING COMMITTEE, MATSYAFED, THIRUVANANTHAPURAM - PETITIONER
Vs.
THE REGISTRAR, FISHERIES CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM & ORS. - RESPONDENTS
WP.(C). No. 38904 of 2016-K
Decided On : 31-01-2017

Advocates Appeared:
For the Petitioner: SRI. GEORGE POONTHOTTAM.
For the Respondents:SRI. C.P. SUDHAKARA PRASAD, ADVOCATE GENERAL, SRI. N. RAGHURAJ, SRI. T. B.HOOD.

Headnote:Kerala Co-operative Societies Act 1969, S. 65- Competent authority is not prevented from the appointment of one or more officers as for conducting the inquiry which is held under the term by a person as held under section 65 of the act -As per the provisions held under the statute the maxim is applied – 'Delegatus non potest delegare' -The opportunity as for hearing before the report of inquiry the same cannot be anticipated by the statute as under section 65 of the act.

JUDGMENT :

The petitioner is the Chairman of the managing committee of the Kerala State Co-operative Federation for Fisheries Development Ltd. (the Matsyafed). The Matsyafed is the apex society of the Primary Fishery Co-operative Societies in the State. By Ext.P2, the first respondent ordered an inquiry into the affairs of the Matsyafed under Section 65 of the Kerala Co-operative Societies Act (the Act). The second respondent is the inquiry officer appointed as per Ext.P2 order. In Ext.P2 order, it is stated, among others, that complaints have been received by the first respondent against the managing committee of the Matsyafed raising serious allegations such as, misappropriation, corruption, illegal appointments, wilful disobedience and failure in complying with the lawful orders of the Registrar and the Government, negligence in the matter of implementing debt relief schemes, failure and wilful negligence in completing the Plants of the Matsyafed, irregularities in the distribution grants and loans, etc.; that the preliminary enquiry conducted in this connection revealed that the allegations are of substance and therefore, it was found necessary to conduct an inquiry into the affairs of the Matsyafed in respect of matters specified therein under Section 65 of the Act. According to the petitioner, the complaints, on the basis of which the preliminary enquiry was conducted, were complaints master minded by the Minister of Fisheries in the present Government, who was the earlier President of the Matsyafed, on account of political rivalry; Ext.P2 order was issued with a view to supersede the managing committee of Matsyafed and that the same is, therefore, vitiated by mala fides. It is alleged that a complaint has been secured by the respondents for the said purpose from the third respondent, the President of one of the affiliated societies of the Matsyafed. It is also the case of the petitioner that the second respondent who is appointed as the inquiry officer as per Ext.P2 order has appointed several others to conduct the inquiry as per Ext.P3 order and that the inquiry which is being conducted by the second respondent through the officers appointed by him, is illegal and without jurisdiction. It is also alleged by the petitioner that the respondents seem to have taken the stand that the inquiry is over by issuing Ext.P4 notice directing the petitioner and other members in the managing committee of the Matsyafed to offer explanations relating to the matters specified in Ext.P2 order; that it is humanly impossible to complete the inquiry ordered as per Ext.P2 within such a short span of time; that if what is pretended by them as regards the inquiry is correct, the report, if any, submitted would not be one secured in the inquiry, but one prepared at the dictates of the persons interested solely with a view to supersede the managing committee of the Matsyafed. The petitioner, therefore, challenges Exts.P2 and P3 orders in this proceedings. He also seeks a declaration that no inquiry has been conducted as provided for under Section 65 of the Act.

2. A statement has been filed on behalf of the first respondent reiterating the contents in Ext.P2 order. It is recited in the statement that misappropriation of huge amounts, unauthorised appointments, malpractices in the construction and installation of machineries in the factories of the Matsyafed, nepotism and corruption of the members of the managing committee, etc. were revealed in the report of the preliminary enquiry conducted and it is on account of the said reason that a detailed inquiry under Section 65 of the Act has been ordered as per Ext.P2. It is also recited in the statement that since it was found that the inquiry officer alone cannot conduct the inquiry having regard to the enormous volume of the work involved, the inquiry officer was permitted to constitute a team by the first respondent and Ext.P3 order was issued by the inquiry officer in the said circumstances. Accor












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