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REKHA BORANA
Bheru Lal Patel – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
1. The matter comes up on an application under Article 226(3) of the Constitution of India for vacation of the interim order dated 03.11.2022 whereby the proceedings before the Registrar in pursuance to the notices dated 30.05.2022 (Annexure-5) and 22.07.2022 (Annexure-7) had been stayed.
2. The present writ petition has been preferred by the petitioner with the following submissions:
Vide amended order dated 03.06.2022, third point for enquiry was also added vide which it was specified that if during the enquiry proceedings any other point for enquiry is found, the same would also be included.
(ii) The enquiry in terms of Sec
The court ruled that preliminary enquiries under the Rajasthan Co-operative Societies Act are administrative and do not constitute final decisions, allowing for interim orders to be vacated.
The court emphasized the necessity of a fair hearing in legal proceedings, ruling that the dismissal of the writ petition was flawed due to the lack of opportunity to contest jurisdictional issues.
Granting prosecution sanction requires careful consideration of evidence, not merely formal compliance; relevant findings from prior inquiries can substantively justify the decision.
Due process under the Kerala Co-operative Societies Act requires notice and hearing prior to appointing a new Enquiry Officer after an adverse report.
The Registrar of Co-operative Societies lacked jurisdiction to initiate disciplinary proceedings against the petitioner, rendering the punishment invalid.
Procedural violations in disciplinary proceedings render removal orders arbitrary and unenforceable, emphasizing the need for fair conduct in evidence presentation.
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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