Kolkata: The Calcutta High Court on Friday was directed that the West Bengal Government Cooperation Department would not do, without its permission, a special audit of the Cooperative Bank Conti, the chairman who was the opposition leader in the Assembly, Suvendu Adhikari BJP.
However, the court allows inspection of account books and other records and documents.
Justice Shampa Sarkar, hearing the petition by the bank challenged the decision of the state government to hold a special audit of his account, directed that it would not be done without court leave.
“A special audit is needed when it is suspected that laws and regulations have been violated in the management of an organization.
Reasons for special audits have not been disclosed in the notifications issued for the applicant,” Justice Sarkar said in order.
Allowing Account Book Checks, Note and Other Documents, the bench directed that inspections will be related to non-compliance which is thought to have been detected in the mandatory audit report for 2019-2020 by the state government.
The court directed the affidavit-in-in-in-opposition archiving within four weeks by all respondents including the Bank of India (RBI) reserves and responded to information, if any, to be submitted in two weeks later.
The problem will appear to hear again following a written submission by all parties, the court said.
Justice Sarkar said that questions about the jurisdiction and strength of the state government to order special audits will be decided on the last hearing.
The bench directed that this order was only limited to the applicants.
Bank Cooperative Conti, headquartered in Contai in the District of Purba Medinipur, challenges the decision on June 1 and Jun Jun from the State Cooperation Department to hold a special audit of his account along with other banks and to maintain their respects.
Orders are challenged in the field that the applicant becomes a banking company guided by the provisions of the banking regulation, 1949.
Jaydip Kar, senior advocate representing the Co-Operative Bank Co.
Ltd., was conveyed that the West Bengal Government, Ministry of Finance, and additional registrars of cooperative communities (urban loans ), West Bengal, has control of the applicant’s internal and financial management.
He handed over that it was the RBI that had the power to audit and conduct a special audit in connection with the Petitioner’s bank.
Declare that the bank always cooperates with legal audits, it claims that all referrals have been carried out and audit reports have been submitted with the RBI.
Appearing for the Department of Cooperation, Advocate General Kishore Dutta handed over that the applicant was a cooperative community registered under the Cooperative Law Cooperative West Bengal, 2006 had a license to carry out banking operations.
Thus, the state government will not lose control or strength given under the Law of West Bengal Cooperative, 2006 to examine, regulate and take appropriate steps to reform cooperative banks and ensure proper functions include prevention of abuse, abuse and abuse Activities harmed the interests of community and public members, Dutta was submitted before the Court.