T. S. DOABIA, J. ( 1 ) THIS is a petition under Articles 226 and 227 of the constitution of India. The short contention of the petitioner is that the order of surcharge passed under section 63 of the M, P. Co-operative Societies Act, 1960, hereinafter referred to as the Act, in respect of the petitionner requires to be given a fresh look. He submits that under similar circumstances, an appeal preferred by respondent No. 3 was allowed and the matter was remanded to Deputy Registrar, Co-operative Societies, Gwalior by the Board of Revenue. The copy of the order has been placed on record as Annexure P/6. The contention of the petitioner is that he is entitled to be treated in the same manner. He also submits that the proceedings taken against him we're barred by limitation. According to him, enquiry report was submitted in the year 1978 and the period of limitation prescribed under section 63 is two years. He also states that it is not a matter which arises out of an audit enquiry inspection. ( 2 ) THE petitioner submits that no reasonable opporunity was given to him. ( 3 ) THE Board of revenue came to the conclusion that the petitioner was not entitled to copy of the enquiry report and that he was entitled to a personal hearing only. The view may not be correct in view of the decision given by the Supreme Court of India in the case of Union of India v. Mohd. Ramzan Khan, (1991) 1 SCC 588 : 1991 LIC 308. ( 4 ) IN any case, as the matter was remanded in the Case of M. M. Khandelwal who was also charged with lapses with regard to same matter it would be just and proper to afford proper opportunity to the petitioner also. As such, this petition is allowed. The case is remanded to the same authority, i. e. , Deputy Registrar, Co-operative Gwalior to which Authority the case of M. M. Khandelwal was remanded. The petitioner would be at liberty to raise all legal pleas which may be available to him. The petitioner shall appear before the Deputy Registrar, Co-operative Societies, Gwalior on 19th of September 1994. There would be no order as to costs. Security, if paid be refunded. Cases remanded .