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IN THE HIGH COURT OF JHARKHAND AT RANCHI
MR. JUSTICE DEEPAK ROSHAN, J
Dangwaposi Lamps through its Chairman namely, Tiril Tiriya – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
DEEPAK ROSHAN, J.
Heard learned counsel for the parties.
2. In the instant writ application petitioner prays for the following relief(s):-
(a) For issuance of an appropriate writ(s)/order(s)/direction(s) particularly a writ in the nature of certiorari for quashing of the letter no. 38- finance/11/2018-369 dated 02.07.2019 whereby and whereunder the Special Audit Team has been constituted by the Respondent No. 2 to inspect into the financial irregularities of the Jharkhand State Cooperative Bank, although under the Jharkhand Cooperative Societies Act, 1935, the respondents have no power to constitute the Special Audit Team;
(b) For issuance of an appropriate writ(s)/ order(s)/ direction(s) particularly a writ in the nature of mandamus directing the concerned respondents not to look into the report of the Special Audit Team constituted by the Respondent No. 2 as the Special Audit Team itself is unconstitutional as per Jharkhand Cooperative Societies Act, 1935 & Banking Regulation Act, 1949
3. Learned counsel for the petitioner submits that the Secretary, Agriculture, Animal Husbandry and Cooperative Department has no power to constitute a Special Audit Committee to audit the mat
The Secretary of Agriculture, Animal Husbandry and Cooperative Department lacks jurisdiction to constitute a Special Audit Committee without a request from the Reserve Bank, as per the Jharkhand Coop....
An inspection order under the Telangana Cooperative Societies Act must be founded on justifiable grounds within the order itself, not influenced by external parties.
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....
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.
The power under Section 91 of the Code of Criminal Procedure can only be invoked during an inquiry, investigation, or trial, not during preliminary verification.
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