RISHABH VIHAR COOPERATIVE HOUSE BUILDING Vs. SALIL RICHARIYA

JUDGEMENT

(1.) The petitioner society assails the order dated 14.11.2008 passed by the learned Financial Commissioner in Case Nos.81/2006-CA and 260/2006-CA being revision proceedings under Section 80 of the Delhi Cooperative Societies Act, 1972 (the Act), preferred by late Sh. Kushiram Jain, original respondent no.4 in the present proceedings to assail the enquiry reports dated 18.01.2006 (prepared under Section 55 of the Act) and the enquiry report dated 02.08.2006 (prepared under Section 59(1) of the Act).

(2.) By the impugned order, the said revision petitions have been allowed by the Financial Commissioner by holding that the enquiry report prepared under Section 55 of the Act was vitiated on account of breach of the principles of natural justice. Since the enquiry report under Section 55 of the Act has been set aside, which is a precursor to initiation of proceedings under Section 59(1) of the Act, the same too has been set aside.

(3.) We may, at the outset, notice a few background facts in which the present petition has come to be filed. The petitioner society, after allotment of plots to all its members, was left with three additional unallotted residential plots, as there were three vacancies of members in the society. While the original respondent no.4, Sh. Kushiram Jain was the Hony. Secretary of the petitioner society, undisputedly, an advertisement was issued in the English newspaper on 20.06.2001 inviting application to fill up the membership of the society. The interested persons were required to apply latest by 22.06.2001, i.e. within two days of the issuance of the advertisement. The allegation of the petitioner society that the said advertisement was issued by respondent no.4 on his own appears to have been established. The said advertisement is revealing, not only of what it concealed, but of the modus operandi adopted for inviting the applications for membership and is, therefore, reproduced herein below: