High Court · 2025

: Mr. Akshay Joshi, learned counsel. learned Deput y Joshi, : Mr. K.N. Advocat e General t he St at e of Ut t arakhand / respondent Nos. 1 t o 3 and 6. Mr. N.S. Pundir, learned counsel for respondent No. 5. JUD GM EN T : ( p e r M r . G. N a r e n d a r , C.J.)

2. Heard learned counsel for t he pet it ioner. The inst ant Public I nt erest Lit igat ion preferred seeking for t he following prayers: - t o t he t he “ a) I ssue a writ , order or direct ion in t he nat ure of Mandam us, com m anding and respondent aut horit ies direct ing t o conduct a com prehensive enquiry wit h / respect em bezzlem ent of cadre funds of t he Prim ary Co- operat ive Societ ies in Dist rict Ut t arkashi t hrough an independent high level inquiry com m it t ee or t o const it ut e an independent invest igat ion respect t o t he Annexure No. 1 of t he writ pet it ion. m isappropriat ion t he m at t er int o t o I ssue a writ , order or direct ion in t he b) nat ure of Mandam us com m anding and direct ing t o t he respondent aut horit ies t o call t he Prim ary Agricult ural Co- operat ive Societ ies in Dist rict Ut t arkashi. records of t he ent ire I ssue a writ , order or direct ion in t he c) nat ure of Mandam us com m anding and direct ing t he respondent aut horit ies t o t ake 1 t he / proceedings appropriat e penal act ions against responsible in siphoning t he cadre funds of t he Prim ary Co- operat ive societ ies in Dist rict Ut t arkashi by violat ing t he provisions of t he Ut t arakhand Cooperat ive Societ y Act , 2003.” persons who erring

3. The crux of t he case canvassed by t he pet it ioner t hat t he inform at ion received by t he pet it ioner under t he RTI Act indicat e em bezzlem ent , and hence t he inst ant Public I nt erest Lit igat ion.

4. We have perused t he provisions and am bit of t he Ut t arakhand Cooperat ive Societ ies Act , 2003 ( hereinaft er referred t o as ‘t he Act ’) , and a con- j oint reading of t he provisions cont ained in Sect ions 3, 64 & 65 of t he Act clearly indicat es t hat t he pet it ioner can avail of t he rem edies provided under Sect ions 64 and 65 of t he Act and m ay approach t he Com pet ent Aut horit y, i.e. t he Regist rar or t he person appoint ed by t he Regist rar t o look int o t he affairs of t he Societ y.

5. I n t hat view, we dispose of t he inst ant Public I nt erest Lit igat ion wit h libert y t o t he pet it ioner t o lodge a com plaint wit h t he Com pet ent Aut horit y, i.e. t he Regist rar or t he person appoint ed by t he Regist rar and seek for an inspect ion or inquiry by t he Regist rar in t erm s of Sect ions 64 & 65 of t he Act . 2

6. I n t he event , such represent at ions are m ade, t he Com pet ent Aut horit y shall cause not ice and t ake- up t he com plaint for det erm inat ion and disposal of t he sam e st rict ly in accordance w it h law. The com plaint shall be t aken- up for considerat ion wit hin a period of t wo weeks from t he dat e of receipt of t he com plaint and also all such m at erial as m ay be required by t he Regist rar. I n t he event , t he Regist rar is found want ing and no act ion in accordance wit h law is t aken wit hin t he t im e as st ipulat ed, libert y is reserved t o t he pet it ioner t o approach t his Court for re- hearing on t he sam e set of fact s.

7. As a sequel t heret o, all pending applicat ions st and disposed of. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ G. N A REN D A R, C.J. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ M A N OJ K UM A R TI W A RI , J. Dt : 6 t h January, 2025 Rat hour 3