THE NATHOWAL COOPERATIVE AGRICULTURAL SERVICE SOCIETY LIMITED Vs. REGISTRAR, COOPERATIVE SOCIETIES, PUNJAB

JUDGEMENT

(1.) The petitioner has prayed in this writ petition for the issuance of a writ in the nature of certiorari for quashing orders Annexures P-2 and P-3. The learned counsel has further submitted that the petitioners's society is a Cooperative Society. Respondent No. 4 Jagtar Singh committed embezzlement in the office of the Cooperative Society and also committed various other irregularities. Disciplinary proceedings were started against him. Charge-sheet was issued to him. Enquiry was conducted by appointing an Enquiry Officer and, thereafter, his services were terminated on 20.9.1997.

(2.) Against his termination respondent No. 4 Jagtar Singh filed an appeal under rule 15 of the Services Rules before the Deputy Registrar, Cooperative Societies, Ludhiana and vide his order dated 19.2.1999, (Annexure P-1), the Deputy Registrar set aside the termination order dated 20.9.1997 and he was reinstated in service. Against this order, the petitioner society filed a revision before the Joint Registrar, Cooperative Societies Patiala. The petitioner society did not allow Jagtar Singh to join his duty as he was a bad worker and the Assistant Registrar, Cooperative Society, Jagraon in his bid to get the order (Annexure P1) implemented, placed the Members of the Managing Committee of the petitioner Society under suspension under Section 27(2) of the Punjab Cooperative Societies Act, 1961. Shri Mohinder Singh Inspector of the Society was appointed as an Administrator and he appointed Jagtar Singh- respondent No. 4 as Secretary of the Society on 26.6.1999. Jagtar Singh- respondent No. 4 in connivance with the Administrator of the Society got Rs. 1,13,700/- as arrears of salary till the date of his reinstatement in service. The Deputy Registrar in his order Annexure P-1 did not allow any arrears of salary of respondent No. 4. This amount was withdrawn by Jagtar Singh without any approval from the higher authorities. Suspension order of the Society was challenged in the High Court by filing C.W.P. No. 8825 of 1999 and this petition came up for preliminary hearing on 7.7.1997. Suspension order of the Members of the Society was stayed. The petitioner, thereafter, took a very serious view of the withdrawal of the amount of Rs. 1,13,700/- by respondent No. 4 Jagtar Singh and removed him from service by passing a resolution dated 2.8.1999. This removal order was never challenged by respondent No. 4. Against order Annexure P-1, a revision petition was filed before the Joint Registrar, Cooperative Societies, Patiala and vide his order dated 17.8.1999 (Annexure P02), he dismissed the revision petition of the petitioner Cooperative Society and also set aside the order dated 2.8.1999 without any appeal being filed by respondent No. 4 - Jagtar Singh against that order.

(3.) Further, the petitioner-Society challenged the orders Annexures P-1 and P-2 by filing separate revision petition under Section 69 of the Cooperative Societies Act, 1961 before the Registrar, Cooperative Societies, Punjab, who also dismissed the same vide order 12.1.2000 (Annexure P-3).