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SCA/10649/2008 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 10649 of 2008
=========================================================
VAVDI
ROAD SEVA SAHAKARI MANDLI LIMITED & 1 - Petitioner(s)
Versus
DISTRICT
REGISTRAR - Respondent(s)
=========================================================
Appearance
:
MR
CHIRAG B PATEL for
Petitioner(s) : 1 - 2.
None for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE RAVI R.TRIPATHI
Date
: 26/08/2008
ORAL
ORDER
Learned
Advocate Mr.Patel moves the draft amendment.
Heard
learned advocate Mr.Patel in detail. The present petitioner has
challenged notice dated 12.08.2008. Learned Advocate Mr.Patel submits
that the authority ? District Registrar, Co-operative Societies,
Amreli, has issued this notice to the petitioner in his capacity as
Chairman because he is not able to resort to see the provision of
Section 81 he has resorted to Section 76(B)of the Gujarat
Co-operative Societies Act, 1961.
2. Learned
Advocate, for the petitioner vehemently contended that the ground
mentioned in show-cause notice at Serial No.1 pertains to the earlier
term and not the present one. The petitioner is elected as a Chairman
on 23.06.2007. He submitted
that therefore, the irregularities of the previous term cannot be
asked to be explained by the petitioner.
3. Learned
Advocate Mr. Patel relying upon a decision of the Division Bench of
this Court in the matter of Chhanalal A. Patel V/s. The State of
Gujarat reported in 1960 GLR ? 260. submitted that the
authority could not have issued a show-cause notice for a mis-conduct
committed in a term prior to the present term for which the
petitioner is elected.
4. The
fact that the petitioner has challenged the show-cause notice all
submissions can be made before the authority, more particularly when
there is no reason for the Court to believe that the Officer
concerned will not take into consideration the
submission/explanations of the petitioner and will decide the matter
with a pre-determine mind.
5. Only
because some of the grounds of which explanation is sought in the
show-cause notice could not have been included in it is not
sufficient to draw an inference that the authority will not hear the
petitioner with an open mind.
6. Besides
the hearing is kept tomorrow i.e. 27.08.2008. It will be open for
the petitioner to render all explanations and make submissions
before the authority.
At
the request of learned advocate for the petitioner, it is observed
that the authority shall consider the explanations of the petitioner
with an open mind and decide the matter strictly in accordance with
law.
The
petition is disposed of with these observations.
[RAVI
R. TRIPATHI, J.]
bdd
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