AJIT SINGH Vs. MADAN JHA DELHI COOP TRIBUNAL

JUDGEMENT

(1.) This writ petition under Articles 226 and 227 of the Constitution of India is directed against an order dated October 9, 1987 passed by respondent No, 1 and order dated August 11, 1987 passed by respondent No. 2 under the provisions of Delhi Cooperative Societies Act, 1972,

(2.) . Facts, in brief, are that in the elections held to the Managing Committee of the Class IV Employee Co-operative Group Housing Society Limited, respondent No. 4, was elected as a Member of the Managing Committee of the Society. These elections were held on September 4, 1983. The Managing Committe. appointed respondent No. 4 as Hony. Secretary of the Society. H!s son Shri Rakesh Gupta was appointed as Store-Keeper- cum-Supervisor. It is alleged that respondent No. 4 in collusion with his son committed certain embazzelment with regard to the cement belonging to the Sociey and the matter was reported to Police and Shri Rakesh Gupta was arrested. Respondent No. 4 later on his own offered to pay a sum of Rs. 16,500 in order to reimburse the Society for the defalcations committed by his, son vide his representation dated July 13, 1986. The Managing Committee then appointed an Ad hoc Committee for investigating the matter as it was assured by Shri K. C. Gupta. respondent No. 4 that if in the investigations his son was found to be guilty then the Society could keep the said amount and if his son was found to be innocent the amount was to be returned to respondent No. 4. The Managing Committee passed a resolution removing respondent No. 4 as Hony. Secretary of the Society and appointed petitioner No. 2 Shri Jai Narain as the Hony. Secretary. Respondent No. 4, however, did not hand over the record of the Society to the newly appointed Secretary and the Society approached the Registrar, Co-operative Societies in this connection and the Assistant Registrar (Group Housing) made an application dated July 11, 1986 under Section 33 of the Act to the Executive Magistrate Sahzi Mandi requesting him to authorise a Police Officer under Section 33(2) to seize the records of the Society from respondent No. 4 for handing over the same to Shri Jai Narain Sharma, Secretary of the Society. The S.D.M. concerned had passed order in this respect.

(3.) . Respondent No. 4 after obtaining some more time from. the S.D.M. to enable him to hand over the record filed a writ petition instead in the High Court challenging the order of the S.D.M., which writ petition was dismissed in limine.