A.K. Francis And Ors. vs Joint Registrar Of Co-Operative ... on 3 August, 1990
15. In the case at hand, what is sought to be done by the
Authorities is to invoke Section 68(1) of the KCS Act and to
initiate an enquiry to verify whether the petitioners have
committed any act of misfeasance or maladministration that
would warrant an order of surcharge under its provision. It is now
settled in law that any action under Section 68 will have to be
WP(C) No.25405 of 2013 11
preceded by an enquiry either under Sections 63, 65 or 66 of the
KCS Act and that any such enquiry can be continued or concluded
only after following the mandate of Rule 66 of the KCS Rules [see
for support A.K. Francis v. Joint Registrar [1990 (2) KLT
470]. The apprehension of the petitioners, therefore, that proper
procedure will not be followed by the Authorities while concluding
the proceedings initiated under Ext.P8 would, therefore, not hold
water in view of the specific statutory safeguards inbuilt in such
procedure.