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VAIDHA “PHANNI”   15 November 2023

College under co operative society

I like to gain knowledge from the legal experts  in this group.

How to take legal step against a college coming under  society act for gross  financial irregularities and malpractice in degree courses from the management of the education institution coming under  register of co operative society Karnataka, and  the college reconised by Bangalore University 



Learning

 11 Replies

T. Kalaiselvan, Advocate (Advocate)     15 November 2023

If you are personally affected then you can file a suit to get your grievances redressed through civil court. 

If your question is in the general interest then you can file a PIL before high court with evidences and seek for direction to investigate into alleged irregularities through a  law enforcement agency. 

VAIDHA “PHANNI”   15 November 2023

 TXS

It's on public interest as we are 10 persons , all life members of this particular society.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     15 November 2023

You are alternately using the words society and co-opertive society. Society and co-operative are different. I do not now how exactly a college can come under a co-operative society. Who are the members of the society? In some states there are co-operative courts. If the complaint is of a civil nature one can go to co-operative court. If there are financial irregulaties there would be adverse audit reports.

VAIDHA “PHANNI”   15 November 2023

Sorry my mistake  It is registered under Society

P. Venu (Advocate)     18 November 2023

You are not yet sure of the facts. Without knowing the complete facts and being certain of the cause of action, no action is possible in law.

VAIDHA “PHANNI”   19 November 2023

A priliminary enquiry committee was formed by the approval of members of this society and the report of the committee with evidence say gross financial irregularities from many year and malpractice has taken place by the principal and a few staff of the college.

T. Kalaiselvan, Advocate (Advocate)     20 November 2023

If the misappropriation or embezzlement or misuse of college funds have ben unearthed and a report submitted then the concerned authority is bound to initiate proper legal action against the offenders.

A complaint with the police for the crimes of cheating, breach of trust and other provisions can be lodged, besides receovery of the swindled money can be done by filing a money recovery suit also

Dr. J C Vashista (Advocate )     20 November 2023

"Society" is registered under the provisions of Societies Registration Act, 1860 or it is a Cooperative Society registered under the provisions of Karnataka Cooperative Societies Act, 1959, be clear and specific.

What is the case / amount involved in malpractice / embazzlement by the college ?

If you (with 10 others) are members of the managment as stated by you, has anyone stopped you from raising your objections qua alleged malpractice / embazzlement.

VAIDHA “PHANNI”   21 November 2023

1. The college is coming under registered society .

2. We 10 members are life members of the society.

3.The managing committee president, vice president and others are not taking any action on the culprints. We are written a offical complaint to the managing committee and a high level investigating committee report has proved gross financial and examination irregularities in the college.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     22 November 2023

 Those engaged in alleged malpractices are the Principal and staff of the Society. They are employees of the Society and not necessaily members of the Society. The Society is the employer. The employer can always take action on recalcitrant employees including recovery of the misappropriated amount, dismissal of the employee from service and also action for criminal activities. If the management, which is the Society, is not taking any action, you along with other aggrieved members can requisition an extra-ordinary meeting and pass resolution asking the management to take action. If the management still does not take action you can go to court. The constitution of your society must be having provision for action in such cases.

VAIDHA “PHANNI”   23 November 2023

Txs , bwill discuss with other members


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