MANOHAR LAL JAIN Vs. REGISTRAR, CO-OPERATIVE SOCIETIES

JUDGEMENT

(1.) WE have heard the counsel for the parties. The petitioner is aggrieved by the order dated 27.05.1993 passed by the Delhi Cooperative Tribunal in an appeal under Section 76 of the Delhi Cooperative Societies Act, 1972 (he reinafter referred to as the said Act?) which arose out of the order dated 20.04.1993 passed by the Joint Registrar, Cooperative Societies, Delhi. The said order dated 20.04.1993 was purportedly passed under Section 59(2) of the said Act, the operative portion of which reads as under:-

(2.) AGGRIEVED by the said order dated 20.04.1993 the petitioner herein preferred an appeal under Section 76 of the said Act being case No. 51/93-C.A before the Delhi Cooperative Tribunal, Delhi. One of the grounds on which the order dated 20.04.1993 was assailed was that a proper opportunity had not been granted to the petitioner by the Joint Registrar prior to the making of the said order. It was also contended that the procedure under Rule 87 of the Delhi Cooperative Societies Rules, 1973 (hereinafter referred to as the said Rules?) read with Section 59 of the said Act had not been followed. Other submissions were made with regard to the merits of the matter with which we are not concerned in this writ petition. The Delhi Cooperative Tribunal, however, did not find any force in the grounds taken by the petitioner before it. Consequently, the Tribunal dismissed the appeal summarily by the impugned order dated 27.05.1993.

(3.) THAT settled, we move on with the further facts. Pursuant to the said Enquiry Report, a show cause notice was issued by the Joint Registrar (II) under Section 59 (2) of the said Act. The said show cause notice was issued on 18.03.1993. Consequent to the said show cause notice, the petitioner submitted his reply. Thereafter, the said Joint Registrar (II) fixed the date of hearing as 15.04.1993 at 10:30 am. The petitioner sent a letter dated 15.04.1993 itself requesting for an adjournment. In the same letter, there was also a request made for supply of documents. However, the request for adjournment was not acceded to and the matter was taken up and heard on 15.04.1993 itself whereupon the impugned order dated 20.04.1993 was passed. Thereafter, the petitioner filed the appeal before the Delhi Cooperative Tribunal which passed the impugned order dated 27.5.1993.