HARPAL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner is a Cashier of the Tarn Taran Radio-cum-Sales Co-operative Industrial Society, Tarn Taran, District Amritsar (hereinafter referred to as the Society). This Society was ordered to be wound up by the Assistant Registrar, Industrial Co-operative Societies, exercising the powers of the Registrar. The Society filed an appeal against this order which was disposed of by the Deputy Secretary in the Industries Department. The Deputy Secretary in the Industries Department has not filed any return. The return filed by the Assistant Registrar, Industrial Co-operative Societies, does not show that the Deputy Secretary, is empowered to hear the appeal against the order passed by the authorised Registrar under the Punjab Co-operative Societies Act, 1961 . The appeal filed by the Society has been disposed of by an authority who was not competent to hear it.

(2.) The learned counsel for the respondents submits that the petitioner himself filed the appeal before the Deputy Secretary, Industries, and so he could not be allowed to urge that the said officer was incompetent to hear appeal. Power to hear appeals, against the orders passed by the authorised Registrar has been conferred by the Statute, on a specific authority, Mere consent cannot confer appellate jurisdiction on another authority. I, therefore, allow this petition, set aside the appellate order passed by respondent No. 2 and remand the case to respondent No. 1 for a fresh decision in accordance with Law. There shall be no order as to costs.