HARBANS LAL Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) Through instant writ petition, the petitioner has invoked the writ jurisdiction of this Court under Articles/ 226/227 of the Constitution of India to challenge the order dated August 30, 1995 (annexure P-5) vide which Joint Secretary (Cooperation), Punjab, exercising the powers of the State Government had opted to remand the case to the Registrar, Cooperative Societies, Punjab, for deciding the controversy involved in the case.

(2.) The legal controversy which has been raised by the petitioner is that in view of the availability of a statutory remedy under Rule 15 (ii) of the Punjab State Cooperative Agricultural Services Societies Service Rules, 1986, of revision petition before the Deputy Registrar, could Joint Secretary take the matter to exercise his revisional powers purported to be an action taken suo motu.

(3.) Briefly stated the relevant facts material for the decision of the present case are that in the year 1988, the petitioner was working as Secretary of respondent No.8 Society-The Kokri Kalan Cooperative Agricultural Service Society Limited under Punjab Cooperative Societies Act, 1961, for short 'the Act'. There were seven Committee members. Respondents No.5 and 6 Surjit Singh and Gurcharan Singh respectively alongwith other committee member Hari Singh, vide resolution dated August 25, 1988 placed the petitioner under suspension and issued him charge-sheet. A meeting of the Committee of the Society was called on September 13, 1988 for September 29, 1988 in the office of the Society. Four members came present and a meeting was held under the Presidentship of Sh.Mehla Singh, Committee Member. After accepting the reply given by the petitioner to the show cause notice, he was re-instated by the Committee under the Presidentship of Mehla Singh. Respondents No.5 and 6 aforesaid alongwith another, held a meeting at a place other than the office of the Society and recorded a separate resolution on September 29, 1988 whereby the petitioner and Amar Singh, Peon-cum-chowkidar were removed from service. The said resolution was passed under the Presidentship of respondent No.5- Surjit Singh. Petitioner claims that the resolution passed by said members was never served upon him or Amar Singh. There were thus two resolutions of the same date i.e. September 29, 1988 one under the Presidentship of Mehla Singh and other under the Presidentship of Surjit Singh. The effect of the first resolution was that the petitioner was reinstated and the charge-sheet against the petitioner was dropped. The resolution dated September 29, 1988 passed under the Presidentship of Mehla Singh re-instating the petitioner and Amar Singh was challenged by Surjit Singh, respondent No.5 before Deputy Registrar, Cooperative Societies, Faridkot under Rule 80 of the Punjab Cooperative Societies Rules, 1963, for short 'the Rules' on the ground that it had been passed without any agenda. The resolutions passed by both the Committees on September 29, 1988 were rescinded by Deputy Registrar.