[2026:RJ-JP:6919]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 2912/2026 Devendra Singh Verma S/o Shri Sardar Singh Verma, Aged About 62 Years, R/o A-861, Chandra Vardai Nagar, Ajmer, Rajasthan.

----Petitioner Versus

1. Register Cooperative Society, Rajasthan, Nehru Shankar Bhawan, Bhawani Singh Road, 22 Godam Circle, Jaipur, Rajasthan.

2. Additional Registrar (Udyog), Office Of Registrar Cooperative Society, Shankar Bhawan, Bhawani Singh Road, 22 Godam Circle, Jaipur, Rajasthan.

3. Additional Registrar, Cooperative Society, Ajmer Division, Ajmer, Rajasthan.

4. Managing Director, Central Cooperative Bank Limited, Sikar Head Office, Basant Vihar, Sikar, Rajasthan.

5. Managing Director, Rajasthan Cooperative Dairy Federation, Jawahar Lal Nehru Marg, Jaipur, Rajasthan.

6. Managing Director, Ajmer Zila Dugdh Utpadak Sahakari Sangh Limited, Beawar Road, Opposite Hmt, Ajmer, Rajasthan.

----Respondents For Petitioner(s) : Mr. C. P. Sharma, Adv.

For Respondent(s) :

HON'BLE MR. JUSTICE ANAND SHARMA

Judgment

13/02/2026

1. It is submitted by learned counsel for the petitioner that while the petitioner was holding the post of Assistant Manager (Project) in RCDF on deputation, on 13.05.2021 incident of breaking out fire at Cattle Feed Plant, Lambiya Kalan, Bhilwara took place. Thereafter, no enquiry was conducted against the petitioner and on attaining the age of superannuation, the petitioner has retired w.e.f. 31.12.2023. Learned counsel for the petitioner submits that behind his back and without issuing any notice to the petitioner, one enquiry was conducted by the Additional Registrar, Co-operative Societies, Ajmer Division, Ajmer under Section 55 of the Rajasthan Co-operative Societies Act, 2001 (for short ‘the Act of 2001’) and in such enquiry, petitioner has been held as liable for causing loss to the RCDF on account of such fire and finding has been given that amount of Rs.94,36,167/- be recovered from the petitioner. Learned counsel submits that since, such report was submitted by the Additional Registrar, without affording any opportunity of hearing to the petitioner, therefore, such report was nullity qua the petitioner.

2. Learned counsel submits that on the basis of report dated 24.07.2025 submitted by the Additional Registrar under Section 55 of the Act of 2001, the Managing Director, Central Co- operative Bank Limited, Sikar has issued one notice dated 05.12.2025 for conducting enquiry under Section 57 (1) of the Act of 2001.

3. Learned counsel submits that bare perusal of notice dated 05.12.2025 would make it clear that foundation of such enquiry under Section 57 (1) of the Act of 2001 is the enquiry report dated 24.07.2025 earlier submitted by the Additional Registrar and since, such enquiry was conducted behind the back of the petitioner, therefore, in case, any opportunity of hearing is afforded to the petitioner pursuant to notice dated 05.12.2025, such hearing would be post decisional hearing and would not serve any fruitful purpose.

4. Learned counsel further submits that thus, the respondents are adamant to punish the petitioner on the basis of an enquiry report, which has been submitted by the Enquiry Officer in utter disregard of principles of natural justice.

5. Heard learned counsel for the petitioner and perused the record.

6. Impugned notice dated 05.12.2025 has been issued by the Managing Director and Enquiry Officer under Section 57(1) of the Act of 2001, which reads as under:-

“57. Surcharge.- (1) If on the basis of an audit, inquiry, inspection or a Liquidator's report made under the provisions of this Act, it comes to the knowledge of the Registrar that any person, who has taken any part in the organisation or management of such society or who is or has at any time been an officer or an employee of the society, has made any payment contrary to the provisions of this Act, the rules or the bye-laws or has caused any deficiency in the assets of the society by wilful negligence or has mis