The High Court of Uttarakhand at Nainital has recently disposed of a Public Interest Litigation (PIL) filed seeking a comprehensive inquiry into the alleged embezzlement and appropriate penal actions against those responsible for misappropriation of cadre funds in Primary Cooperative Societies in District Uttarkashi.
The petitioner’s counsel, Akshay Joshi, argued that the information received under the Right to Information (RTI) Act indicated embezzlement, prompting the filing of the PIL.
The court, comprising Chief Justice G. Narendar and Justice Manoj Kumar Tiwari, carefully examined the provisions of the Uttarakhand Cooperative Societies Act, 2003.
Upon perusing the Act, the court observed that the petitioner can avail of the remedies provided under Sections 64 and 65, which allow for approaching the Competent Authority (the Registrar or the person appointed by the Registrar to look into the affairs of the Society).
Therefore, the court disposed of the PIL, granting the petitioner liberty to lodge a complaint with the Competent Authority and seek an inspection or inquiry by the Registrar.
The court directed the Competent Authority to take up the complaint within two weeks of receipt and dispose of it in accordance with the law.
If the Registrar fails to take action within the stipulated time, the petitioner reserves the liberty to approach the court for rehearing.
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