HARPAL SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) CRM-32604-2018 The instant application has been filed for impleading The Ayalki Primary Agriculture Cooperative Society Limited, Ayalki, District Fatehabad as respondent No.2 in the above-mentioned main petition.

(2.) The facts, in brief, are that the Managing Committee of the Ayalki Primary Agriculture Co-operative Society Ltd., Fatehabad (in short, the 'Society') passed a resolution dtd. 15/1/2007 to construct a building and a boundary wall of the society with an estimated cost of Rs.10,74,000.00 constituted a sub-committee, where the present petitioners were made its members. The said construction started on 4/11/2008, i.e, after 1.5 years of its approval by the Deputy Registrar Co-operative Societies, Hisar. Due to this lag, additional approval for Rs.8,64,000.00 was obtained by the committee on 25/6/2009 citing increase in the cost of construction material. But the said additional amount was still found to be insufficient due to increase in the construction costs, thereby, an approval for an additional amount of Rs.06,02,000.00 was sought from the Assistant Registrar Co-operative Societies, Fatehabad qua resolution dtd. 28/10/2010. Thereupon, the said officer directed the Inspector Co-operative Societies, Fatehabad to inquire in the whole matter qua additional approvals. During this inquiry opinion of three different technical/engineering departments was sought including PWD (B&R) and the estimation given by all of them ranged from 20,00,000/- to 24,62,000/-. As per the finding recorded in the final report dtd. 16/11/2010 (Annexure P-1), the difference between the cost of construction incurred by the society and the assessment made by the authorities came to Rs.03,86,882.00. Thereafter, two members of the Society filed a complaint before the Managing Director of the Fatehabad Central Co-operative Bank Ltd., Fatehabad against the petitioners alleging misappropriation of funds and they also attached an assessment report prepared by an architect stating that the approximate cost of the construction in question was Rs.12,97,257.00. An enquiry was directed upon the aforesaid complaint which recorded vide report dtd. 8/3/2011 in its finding that the petitioners had caused a loss of Rs.10.0013 Lacs to the Society (Annexure P-2). The same complainants also filed a similar complaint before the Registrar Co- operative Societies, Haryana upon which another inquiry was carried out in which it was recorded vide report dtd. 20/7/2012 (Annexure P-3) that the said increase in costs of construction was bona fide. Still aggrieved, the said complainants filed another complaint before the Superintendent of Police, Fatehabad on basis of above-mentioned report dtd. 8/3/2011, upon which the impugned FIR came to be registered against the petitioners. Further, a separate direction was issued by the Registrar Co-operative Societies, Haryana vide a letter dtd. 14/8/2013 (Annexure P-5) to the ARCS, Fatehabad to initiate surcharge proceedings against the petitioners.

(3.) The learned counsel for the petitioners inter alia contends that the petitioners have been facing protracted trial for the last 11 years qua an issue in which multiple inquiries by the concerned authorities have already been conducted. Further contended that the impugned FIR has been registered without considering the detailed inquiry reports Annexure P-1 and Annexure P- 3 which clearly enunciate that the additional construction cost was well justified in lieu of the increasing price of construction material. It is further contended that even the inquiry report (Annexure P-2) on the basis of which the impugned FIR was registered, itself is in violation of Sec. 98 of the Haryana Co-operative Societies Act, 1984 and Rules of the Society.