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N. NAGARESH
Mookannur Service Co-Operative Bank, Ltd. Represented By Its Secretary – Appellant
Versus
State Of Kerala, Represented By Secretary To Government, Department Of Co-Operation – Respondent
JUDGMENT :
(N. Nagaresh, J.) :
The question arising for consideration in this writ petition is whether Ext.P17 order of the 1st respondent rejecting Ext.P15 statutory Revision Petition filed under Section 87 of the Kerala Co-operative Societies Act challenging Ext.P14 Enquiry Report under Section 65 is justifiable or not?
2. The 1st petitioner is a Co-operative Society/Bank. The 2nd petitioner is the President of the Society. By an order dated 01.01.2017, the Joint Registrar of Co-operative Societies ordered enquiry under Section 65 in respect of disbursement of loans by the Society and the financial structure and security of the Society. The 3rd respondent-Assistant Registrar, who was the Enquiry Officer, submitted Ext.P14 report. Ext.P14 report disclosed irregularities in the functioning of the Society.
3. The petitioners came to know about Ext.P1 Enquiry Report only when an order was issued under Section 68(1). The petitioners thereupon filed Ext.P15 Revision Petition before the Government. The Government rejected Ext.P15 Revision Petition stating that there is no provision under Section 87 of the Kerala Co-operative Societies Act for filing revision against Ext.P15 Enquiry Report.
A revision petition under Section 87 of the Kerala Co-operative Societies Act is not maintainable against an enquiry report under Section 65, as such reports do not constitute decisions or orders.
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....
The court established that parties must wait for further actions based on inquiry reports before raising objections, promoting procedural fairness under the Kerala Co-operative Societies Act.
The court affirmed that the investigation process under the Kerala Co-operative Societies Act is a complete code, and the remedy of revision is not maintainable until proceedings under Section 68(2) ....
Proceedings under the Kerala Co-operative Societies Act do not conclude unless further actions are initiated after a show cause notice.
The authority must provide opportunity for hearing post-inquiry before enforcing actions under cooperative society regulations.
Right to challenge inspection findings arises only post-show cause notice under Section 68(2) of the Kerala Co-operative Societies Act, ensuring fairness in proceedings.
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.
Procedure for conduct of inquiry and inspection - A person can be proceeded against and vested with liability only if an objective assessment of evidence and materials available on record leads to ir....
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