IN THE HIGH COURT OF KERALA AT ERNAKULAM
AMIT RAWAL, K.V.JAYAKUMAR, JJ
Joint Registrar Of Cooperative Societies – Appellant
Versus
Y.r.vincent – Respondent
JUDGMENT :
(AMIT RAWAL, J.)
The present Intra-Court appeal at the behest of the Joint Registrar, Co-operative Society and others is directed against the judgment of the Single Bench dated 19.12.2023 in WPC No.14402/2022, wherein the order dated 25.03.2022 under Section 68(1) of the Co-operative Societies Act passed by the Joint Registrar, Co-operative Society, Thiruvananthapuram, and notice dated 25.03.2022, Ext.P10 have been quashed by holding that it is not in compliance with the provisions of Section 68(1) of the Kerala Co-operative Societies Act and direction has been issued to fix the liability individually.
2. Before the arguments in the aforementioned appeal could be commenced, the learned counsel appearing on behalf of the writ petitioners, who were the ex-members of the committee in respect of the period 01.04.2013 to 31.03.2018, during which the alleged misappropriations and illegalities regarding the appointment and disbursal of loans with lessor interest have occurred, raised the objection qua maintainability of the appeal, in view of the order dated 18.01.2024 passed in WA No.95/2024 filed by the Arayoor Service Co-operative Bank against the same very judgment., which was
Liability under Section 68(1) of the Kerala Co-operative Societies Act must be fixed individually, not jointly, ensuring compliance with statutory provisions.
Surcharge proceedings under Section 68(2) of the KCS Act require specific findings on individual liability and compliance with statutory requirements. Liability cannot be fixed on deceased persons wi....
The court upheld the necessity of proper individual liability fixation in surcharge proceedings under the Kerala Co-operative Societies Act, emphasizing compliance with statutory requirements.
The main legal point established in the judgment is that the enquiry under Section 68(1) of the Kerala Cooperative Societies Act can only be against individuals and not a committee, in line with the ....
Surcharge - There is no sale of rubber on a credit basis, and sale of rubber, after accepting a cheque cannot be treated as 'sale on credit'. - There is no loss to society because society initiated c....
Section 68 of the Kerala Co-operative Societies Act allows imposing surcharges on management members for mismanagement, without requiring proof of willfulness, based on statutory obligations.
The court upheld the finding of willful negligence against the petitioner under the U.P. Cooperative Societies Act, yet remitted the surcharge quantum for reconsideration due to lack of justification....
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....
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.
The Joint Registrar must provide all relevant materials to the affected person before proceeding with surcharge under Section 68(2) to uphold principles of natural justice.
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