This conduct on the part of Respondent No 2 has been explained in the counter affidavit of Shri Vinod Kumar Sinha dated 8 10 1982 filed before us, and counsel for Respondent No. 2 pressed it into service 100 during his arguments and the explanation is that a separate file titled "Surcharge Proceedings" being File No. 3 of 1975 maintained in the office of Deputy Registrar, Co operative Societies, Patna Division shows (a) that by his letter dated 30 4 1975 the Deputy Registrar informed the joint Registrar that discussions had already been held with the Registrar and that surcharge proceedings would be initiated as soon as possible (b) that on 10 6 1975 the necessary proposal for surcharge was drafted and filed by the District Co operative Officer before the Registrar under sec.