RAKESH BHARTI Vs. JOINT REGISTRAR

JUDGEMENT

(1.) REVISION u/s. 77 (14) has been preferred against the order of Joint Registrar, Co -operative Societies (HQ) passed u/s. 53 (10) on 12.6.2009 through which the Board of the applicants has been placed under suspension.

(2.) ACCORDING to the brief facts of the matter, applicant No.5 is the District Agricultural Rural Development Bank registered u/s. 9 of the Act. Applicant No.1 is the Chairman and the applicants No. 2,3 and 4 are Directors of it. Applicants are aggrieved by the impugned order of the non -applicant No.1 Joint Registrar, Co -operative Societies, (HQ) who vide the impugned order has placed the Board of applicant No.5 Bank under suspension as provided u/s 55 (10) of the Act. It is worth recording that the non -applicant Joint Registrar (HQ) has already initiated action u/s 53 (2) by issuing a notice for superseding the Board of Directors u/s 53 (1) of the Act on the allegations levelled against it. A separate notice u/s 53 (10) was also issued and the same has culminated into a final order issued on 12.6.2009 against which this Revision is preferred.

(3.) THE counsel for the applicants further stated that the applicants have been proceeded against on the actions of the previous Board which is unjustified and worth setting aside in light of 2003 RN 35 Narayan Singh Meena v. M.P. State Co -operative Tribunal. It was also submitted that the impugned order of the Joint Registrar is hit by the principle of res judicata as well. Initially Joint Registrar; Gwalior while issuing notice u/s. 53 (2) had also placed the Board of the applicant Bank under the supervision of the Collector. Therefore, by the impugned order suspending the Board again is not proper according to the principle of res judicata.