IQBAL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner who was working as a Secretary of the four co-operative Agricultural Service Societies, namely, Cheema, Manakpur, Talwandi Sobha Singh and Dhariwal impugns the action of respondent No. 3 (Assistant Registrar, Co-operative Societies, Taran Tarn) in passing order dated 24th June, 1976 (Annexure P.1) whereby the petitioner was "blacklisted" with immediate effect. The reason for passing this order, as stated therein, was that the Inspector Co-operative Societies, Patti had reported to the Assistant Registrar that the petitioner had failed to hand over the records of the above-noted Societies to him and was also not taking interest in the working of these Societies and that his continuance in that post was not in the interest of the Societies. Later, this order was temporarily withdrawn with immediate effect vide order Annexure P.2. Still later, vide order dated 19th August, 1976 (Annexure P.3), order Annexure P.2 was withdrawn with immediate effect. The net result was that order Annexure P.1 remained operative against the petitioner. The solitary submission of the learned counsel for the petitioner is that the Assistant Registrar had no jurisdiction to pass order Annexure P.1 under any provision of law.

(2.) It deserves to be noted here that the Assistant Registrar concerned has not cared to file a reply to this petition. The learned counsel appearing for the respondent authorities is not in a position to refer to any provision of law under which the Assistant Registrar has the jurisdiction to deal with an employee of a Co-operative Society and to pass the order of the nature of Annexure P.1. The learned counsel is not even clear as to the effect of this order. The learned counsel for the petitioner, however, explains that in the face of this stigmatic order, the petitioner was completely deprived of seeking any employment in any Co-operative Society in the State of Punjab. Be that as it may, it is patent in the light of the above discussion that the Assistant Registrar had no jurisdiction whatsoever to pass the impugned order Annexure P.1

(3.) In the light of the above, I allow this petition and while quashing order Annexure P.1 burden the Assistant Registrar, who passed that order, with costs which I determined at Rs. 300/-.