UMMED ALI Vs. DEPUTY REGISTRAR CO-OPERATIVE SOCIETIES

JUDGEMENT

(1.) SUNIL Ambwani, J. A preliminary objection was taken by Sri H. R. Misra that the petitioner has also filed more than ten writ petitions in the matter, and that he is not entitled to any relief as he is absented himself from the society in an unauthorized manner since 16-1-1998, on account of which the answering respondents rightly terminated petitioner's services in accordance with bye law of the society. On these objections, counsel for petitioner was required to give the details of writ petitions filed by the petitioner. After giving counsel for petitioner several adjournments, it is found that this is the 16th writ petition filed by the petitioner in respect of same cause of action. It is a matter of serious concern for this Court that the petitioner has not received a single judgment on merits so far. Almost all the writ petitions were either dismissed or disposed of summarily without considering the grievance of the petitioner. No person however can be granted liberty to file repeated writ petitions and that the Rules of this Court prohibit filing of second petition for the same relief. Before considering the facts and submissions of the counsels of the parties, the details of the earlier writ petitions and the orders passed therein must be stated.

(2.) THE petitioner was appointed on 25-7-1983 as Accountant by Committee of Management, Muzaffar Nagar Paschimi Kisan Sewa Sahkari Samiti Ltd. (Primary Agricultural Credit Society registered under the U. P. Co-operative Societies Act, 1965 ). It is alleged that by resolution No. 2 dated 26-11-1996 the Committee of Management proposed to appoint petitioner as Secretary of the Society on a vacancy going to be caused on the retirement of earlier cadre secretary Sri Baleswar Dayal Sharma due to his superannuation on 31-3-1997. THE resolution was sent to Deputy Registrar, Co-operative Society Meerut and that on 30-1-1997 it is alleged that petitioner was appointed as Secretary and was directed to take over independent charge as Secretary and not in addition to his duties as Accountant. THE Committee of Management informed the Assistant Registrar, Co-operative Society, U. P. Muzaffar nagar that the petitioner has taken over charge.

(3.) THE Committee of Management, it is alleged passed Resolution No. 6 dated 19-5-1997 whereby it requested Branch Manager, District Co-operative Bank, Muzaffarnagar to adjust Rs. 85,000. 00 from the loan account of the Society. It is alleged that this request did not find favour with the Manager of the Bank and that the Society was forced to pay 18% interest on the loans granted to the Society by the Bank. Whereas it was getting 5% interest in the saving account. THE Assistant Registrar, Co-operative Society and the Manager, District Co-operative Bank joined together and that the Assistant Registrar, Co-operative transferred one Sri Shushil Kumar Tyagi, Secretary/managing Director of one another Co- operative Society as Secretary/managing Director of the Society/respondent No. 3 and directed him to take charge from the petitioner. On 23-12-1997, the District Assistant Registrar passed an order charging petitioner for misuse of Rs. 1,12,576. 00 and also withdrew his powers to operate Bank account of the society. An enquiry committee was appointed against the petitioner. Sri Shushil Kumar Tyagi did not join duties. On 12-1-1998, the District Assistant Registrar, Co-operative passed an order modifying his order dated 19-12-1997 and directing the Assistant Development Officer, Co-operative to take charge of the Co-operative Society. On 12-1-1998, the Committee of Management passed Resolution No. 2 to challenge the order of District Assistant Registrar dated 23-12-1995. A writ petition No. 388 of 1998 was filed through the Vice President of the Society which was dismissed on 3-2-1998.