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Judgment
Dr. S.K. Panigrahi, J
W.P.(C) No. 6981 of 2022 & I.A. No. 3497 of 2022.
1.This matter is taken up through hybrid mode.
Heard.
In this writ petition, the petitioner challenges the Special Audit conducted by the Auditors which was conducted without giving him an opportunity to file his objection as required against half margin memos as prescribed under in 2nd proviso of Rule-58 of Odisha Co-operative Societies Rules. He further challenges the notices issued by Assistant General of Co-operative Societies, Sundargarh asking him to file show cause as to the recovery of Audit objected amount in Surcharge Proceeding Nos. 16, 17 & 18 of 2022. The same being an ex-parte Audit Report which is a clear violation of natural justice. The petitioner also challenges the appointment of Auditors to conduct Audit, wherein the scope of audit has been unnaturally expanded.
In such view of the matter, let notice be issued to the opposite parties.
Mr. G.R. Mohapatra, learned Additional Standing Counsel for State waives of notice on behalf of the opposite party Nos. 1, 2 & 3. Required number of copies of the Writ Petition be served on him within three working days hence, who shall obtain instructions in the matter and file reply.
So far as opposite party Nos. 4 & 5 are concerned, issue notice to them through Registered Post with A.D./Speed Post. Postal requisites shall be filed within three working days hence.
List this matter on 17th of August, 2022.
In the meantime, there shall be stay of recovery, with regard to the audit objection amount issued under various notices dated 22.02.2022, till the next date.
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