MOHINDER SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner has prayed for issuing of a writ in the nature of certiorari for quashing of order dated April 20, 1999 (Annexure P-7) passed by the Joint Secretary, Cooperation Department, Haryana and further to uphold the order dated November 5, 1977 (Annexure P-3) passed by the Deputy Registrar, Co-operative Societies, Kurukshetra, Haryana and the order dated October 6, 1998 (Annexure P-16) passed by the Addl. Registrar (Stores), Co- operative Societies, Haryana, Chandigarh.

(2.) The petitioner has averred that he applied for the post of a Clerk in the Chhoti Kohri Credit and Service Society Limited Chhoti Kohri (respondent No. 8) (hereinafter referred to as "the Society"). He submitted an application for the said post to the President of the Society. He fulfilled all the qualifications for the appointment to the post of a Clerk and the President of the Society recommended the appointment of the petitioner. A meeting of the members or a Managing Committee of the Society was called for January 31, 1997. The agenda of the meeting was sent to all the members of the Society vide UPC post and was also circulated amongst the members, a copy of which is annexed with the writ petition as Annexure P-1. The meeting of the members of the Society was held on January 31, 1997 under the Chairmanship of Shri Mam Chand. In the meeting, the appointment of the petitioner was unanimously approved and thus, he was appointed as a Clerk in the Society. A copy of the proceedings of the meeting of the Society dated January 31, 1997 is annexed with the writ petition as Annexure P-2. After about two months, the members of the Society challenged the appointment of the petitioner by filing a petition before the Assistant Registrar, Naraingarh. In response to this petition, a meeting of the members of the Society was called for on April 21, 1997 and the agenda of the meeting was regarding the cancellation of appointment of the petitioner as a Clerk. Against this meetign/agenda, the petitioner filed case No. 63 of 1997 before the Registrar, Co-operative Societies, Haryana, Chandigarh and Registrar ordered status quo qua the apointment of the petitioner. The case was subsequently dismissed by the Registrar Co-operative Societies, Haryana vide order dated April 29, 1997 on the ground that no meeting was held on April 21, 1997. The Society (respondent No. 8) again fixed the meeting for May 23, 1997. The petitioner again filed a petition before the Registrar, Co-operative Societies, Haryana. This petition was sent to the Assistant Registrar, Ambala vide letter dated May 20, 1997. A meeting was held on May 23, 1997 and a decision was taken to remove the petitioner and also that the salary to the petitioner should not be paid. However, no action was taken on this resolution.

(3.) It has been further averred that Faquir Chand (respondent No. 2) filed a case before the Deputy Registrar, Co-operative Societies, Kurukshetra for rescinding the resolution No. 3 dated January 31, 1997, whereby the petitioner had been appointed as a Clerk of the Society. This petition so Faquir Chand was dismissed by the Deputy Registrar, Co-operative Societies, Kurukshetra vide order dated November 5, 1997, a copy of which is attached with the writ petition as Annexure P-3. While dismissing this petition, the Deputy Registrar, Co-operative Societies, Kurukshetra, Haryana, directed that the appointment of the petitioner be reviewed keeping in view the weak financial position of the Society. In view of the order dated November 5, 1997 (Annexure P-3) passed by the Deputy Registrar, Kurukshetra, another meeting of the Society was called for an January 1, 1998. The Board of administrators of the Society reconsidered the matter and decided to keep the petitioner on the post of clerk. The members of the Society kept the petitioner keeping in view this fact that he had already worked for 11 months in the society. Moreover, balance sheet of the Society upto December 31, 1997 showed a profit of Rs. 90,000/-. Thus, keeping in view the improved financial position, the appointment of the petitioner was upheld. A general meeting of the Society was called for on February 17, 1998. In this general body meeting, the appointment of the petitioner as a Clerk on the pay of Rs. 1200/- per month was unanimously resolved. A copy of the agenda dated January 28, 1998 and a copy of the proceedings of the meeting of the general body dated February 17, 1998 are annexed with the writ petition as Annexures P-5 and P-6 respectively.