LAWS(P&H)-2004-7-92

GOPAL SINGH JANIA Vs. STATE OF PUNJAB

Decided On July 15, 2004
Gopal Singh Jania Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) BY this order, we propose to dispose of Civil Writ Petitions 5412 and 13199 of 2003, as the points of law and fact raised in these petitions are somehow common and inter-linked.

(2.) CIVIL Writ Petition No. 5412 of 2003 has been filed by six persons, namely, Gopal Singh Jania and five others, who claim themselves to be duly elected Directors of the Amritsar Central Cooperative Bank Limited, Amritsar (respondent No. 5), a body registered under the Punjab Cooperative Societies Act, 1961 (for short "the 1961 Act"), challenging the notice dated 28.6.2002 (Annexure P-4) issued by respondent No. 3 under Section 27(1) of the 1961 Act, whereby they were required to show-cause as to why they be not ceased to be the elected Directors of the said Bank. They have also prayed for issuance of a writ of certiorari quashing order dated 21.3.2003 (Annexure P-9) passed by the Joint Registrar, Cooperative Societies, Jalandhar Division, Jalandhar (respondent No. 3) exercising the powers of the Registrar, Cooperative Societies, Punjab Chandigarh vide which they have been removed as elected Directors of the respondent-bank, in exercise of power under Section 27(1) of the 1961 Act.

(3.) THE petitioners challenged the orders Annexures P-2 and P-2/A by filing a writ petition (CWP No. 9492 of 2002) in this Court. During the pendency of the said writ petition, the petitioners had been served with show-cause notice dated 28.6.2002 (Annexure P-4) which was duly replied to well within the time mentioned therein. But the Joint Director in exercise of power of the Registrar Cooperative Societies, Punjab under Section 27(1)(a) of the 1961 Act removed the Board of Directors of the respondent-Bank and directed the Administrator of the Bank for taking further necessary action regarding elections to the new Board of Directors, by order dated 15.7.2002, Annexure P-6. This order of removal was also challenged by the petitioners by amending the said writ petition already pending i.e. CWP 9492 of 2002. The said writ petition was allowed by a Division Bench of this Court vide order dated 13.2.2003, and the order of removal of the petitioners from the Board of Directors was invalidated on the ground that rule of audi alteram partem was not complied with by the respondent-authorities since it was found that the said order has been passed before the expiry of period allowed for submitting reply to the show-cause notice. A liberty was given to the competent authority to pass a fresh order in pursuance to the show-cause notice. The petitioners were also given liberty to file additional representation.