THE RAWALWAS KHURD COOPERATIVE CREDIT AND SERVICE SOCIETIES AND ORS. Vs. COMMISSIONER AND SECRETARY TO GOVERNMENT, COOPERATION DEPARTMENT, HARYANA, CHANDIGARH AND ANR.

JUDGEMENT

(1.) The Society and its Committee -members are the petitioners They are aggrieved by the order dated May 6, 1999 passed by the Commissioner and Secretary to Government, Haryana, Department of Cooperation. A few facts as relevant for the decision of this case may be briefly noticed.

(2.) On October 31, 1996, the second respondent was ordered to be appointed as the Salesman. Some of the members of the Managing Committee of the Society made a complaint to the Assistant Registrar that the appointment was illegal. Vide order dated October 14, 1997, Mr. Prem Parkash Gupta, purporting to be the Deputy Registrar, Cooperative Societies, Hissar "rescinded the resolution." He passed this order after taking into account the report sent by the Assistant Registrar, the financial condition of the Society, and the departmental instructions.

(3.) The second respondent felt aggrieved. He filed an appeal before the Registrar. Notice of the appeal was given to all concerned including the Petitioner -Society. On consideration of the matter, he found that the requisite notice was not "issued for the meeting of the Managing Committee of the Society." he further found that "Shri Prem Parkash Gupta who passed the impugned order in this case was promoted as full -fledged Deputy Registrar vide orders dated 18.11.1997 and the impugned order was passed on 14.10.1997." On this basis, he held that he was not competent to pass the order. Despite this finding, he dismissed the appeal filed by the second respondent on the ground that "the irregularity committed while appointing the appellant cannot be sustained in the eyes of law. Therefore, I rescind the resolution dated 31.10.1996 passed by the managing committee of the Society."