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2016 Supreme(Online)(Ker) 25105

KERALA HIGH COURT
, J
Wayand District Police Co-operative Society Ltd. No. W 208 and Another v. Registrar of Co-operative Societies Tvm and Others


Advocates:
For the Appellants/Petitioners: Sri. P. C. Sasidharan
For the Respondents: Sri Arun Chandran

Table of Content
1. authority appointment procedures (Para 1 , 2 , 3)
2. legal challenge on procedural grounds (Para 4 , 5 , 6)
3. judicial interpretation of statutory mandates (Para 14 , 15 , 16)
4. consequences of improperly derived orders (Para 30 , 31)

1. The petitioners' a District Co - operative Society and its Board of Directors' have a common grievance: It is impermissible for the second respondent to order a series of enquiries into the same set of allegations.

2. Briefly stated, on 28/11/2014, through Ext. P2 the second respondent appointed an Enquiry Officer to conduct an enquiry into the alleged irregularities as regards the tender for constructing a building under the direction of the second respondent managing committee. As seen from Ext. P2, the second respondent appointed an Enquiry Officer under S.66(2) of the Kerala Co - operative Societies Act, 1969 ('the Act'). In the course of time, the Enquiry Officer submitted Ext. P8 report concluding that there were no irregularities committed by the second respondent.

3. Later, the second respondent issued Ext. P11 proceedings dated 06/06/2015 appointing another Enquiry Officer on the same allegations. That apart, he has also r












































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