D. Nandakumar & Others v. The Deputy Registrar of Co-operative Societies & Others
2005-03-16
FAKKIR MOHAMED IBRAHIM KALIFULLA, MARKANDEY KATJU
body2005
DigiLaw.ai
Judgment :- The Chief Justice: These writ appeals have been filed against the impugned judgment of the learned single Judge dated 20.2.2004. We have heard learned counsel for the parties and perused the records. 2. The appellants were charge sheeted on various charges and they were found guilty of having caused loss to the property of the society/guilty of breach of trust/having caused deficiency in the assets of the society. The alleged acts are said to have been committed during the sale of crackers. 3. In the enquiry the appellants were given opportunity of hearing and were found guilty on the aforesaid charge which related to irregularities in the sale of crackers for the years 1987 and 1988 and failure to maintain accounts in the proper manner and to remit the sale proceeds without bringing them to the credit of the co-operative society. The loss to the society by not accounting for a portion of the sales was to the tune of Rs.5142.70. 4. It is observed in paragraph 2 of the judgment of the learned single Judge that there are no allegations of improper conduct of enquiry or of any other factor which would vitiate the enquiry. There was evidence in support of the findings of the enquiry officer. 5. This Court cannot interfere with findings of fact. In the order of the first respondent there is a clear finding regarding the deliberate intention to deceive and to suppress the excess amount received by the sale of crackers. This being a finding of fact we cannot interfere with the same in writ jurisdiction. The writ appeals are, therefore, dismissed. No costs. Consequently WAMP Nos.850 to 852 of 2005 are also dismissed.