PANAJI
The High Court of Bombay at Goa has quashed the suspension of Goa State Co-operative Marketing and Supply Federation Managing Director Kashinath Naik, holding that the Registrar of Co-operative Societies had no power under the Goa Co-operative Societies Act, 2001, to direct his suspension.
A Division Bench of Justices Valmiki Menezes and Amit Jamsandekar found that the April 29, 2025 suspension order was based entirely on the Registrar’s April 25 direction, which was beyond his statutory powers.
“The communication is clearly beyond the powers vested in the Registrar to issue such a direction, as no such power is vested in him under any provision of the Goa Co-operative Societies Act, 2001,” the Bench said while hearing Naik’s petition challenging both orders.
The court also found a disconnect between the suspension and the subsequent charge-sheet. Examining the Administrators’ April 29 meeting minutes, it found no evidence that they independently considered the material forming the basis of the charges.
“What is evident from the minutes is that there is no discussion or decision recorded by the Administrators based upon the material which now forms the material for levelling charges against the Petitioner; the decision appears to be solely based upon the directions of the Registrar of Co-operative Societies,” the court said.
The Bench quashed the suspension, stating, “All consequences of setting aside the impugned order of suspension would obviously follow.”
However, it clarified that the newly elected Board could reconsider the matter afresh under the federation’s by-laws and the Co-operative Societies Act and Rules.
