PREM CHAND Vs. FINANCIAL COMMISSIONER, COOPERATIVE AND ORS.

JUDGEMENT

(1.) INSTANT writ petition has been filed under Articles 226/227 of the Constitution of India for quashing of order dated 11.02.2011 (Annexure P/20) passed by respondent No. 3 - Additional Registrar (D), Cooperative Societies, Punjab and order dated 30.08.2012 (Annexure P/21) passed by respondent No. 1 - Financial Commissioner, Cooperation, Punjab, exercising the powers of State Government under Section 69 of the Punjab Cooperative Societies Act, 1961 (hereinafter referred to as the "Act") on the ground that the same are unjust, illegal, arbitrary, non -speaking, sketchy and the result of grudge nourished by respondent No. 3 due to default of respondent No. 4.

(2.) BRIEF facts of the case are that petitioner was posted as Manager with respondent No. 4, which is cooperative society and advances cash/khad loan to its members as per their needs. The Managing Committee of the Society is elected by the members and the work is supervised by the Inspector, Cooperative Societies. Due to hail storm in village, rabi crops of the members of the respondent -society were damaged to the extent of 76% to 100% as per the report of the Patwari. A resolution dated 24.05.1993 (Annexure P/1) passed in the General Body meeting to convert the short term loan into medium term loan was forwarded to the Assistant Registrar, Cooperative Societies and consequently, short term loan was converted into medium term loan and the signatures of the members on the bonds were verified by the Secretary of respondent No. 5 - Society. In order to effect recovery from the members of respondent No. 5 - society, two Inspectors were appointed by respondent No. 4 vide letter dated 28.02.1994 (Annexure P/4). Some of the members did not pay the loan and denied that they had taken any medium term loan and also denied their thumb impressions/signatures over various documents, as a result of which dispute arose and 26 cases were referred for arbitration in which they allegedly managed the decision in their favour. In order to safeguard the interest of respondent No. 4 - The Patiala Central Cooperative Bank Ltd., Avtar Singh Bedi, Deputy Manager was appointed. However, Mr. Avtar Singh Bedi did not defend the case properly rather entire burden was put upon the petitioner, although he has little role to play. Thereafter, charge -sheet was served upon the petitioner with the allegations of negligence/carelessness, misuse of powers of making wrong/fictitious loan advances and violation of instructions issued by NARBARD/RCS/Bank to which the petitioner submitted his reply. Thereafter, respondent No. 4 - Bank raised a reference under Section 55 of the Act against the petitioner before Deputy Registrar, Cooperative Societies, Sangrur. Upon notice, petitioner appeared and explained the entire matter taking legal pleas duly supported by the provisions of law. Besides the criminal proceedings, departmental proceedings were also initiated against the petitioner. After the reference, award was given by the Arbitrator against respondent No. 6 - Jasvir Singh, Ex -Secretary of the Society and respondent No. 4 - Bank. It needs to be noticed that Deputy Registrar considered the reference and thereafter, a reference was initiated against the petitioner before the Deputy Registrar. Deputy Registrar rejected the claim against the petitioner vide order dated 19.02.2003 (Annexure P/10). Thereafter, respondent No. 4 - Bank preferred an appeal under Section 68 of the Act before the Joint Registrar (Planning) Cooperative Societies, Punjab. Vide order dated 10.06.2005 (Annexure P/13), Joint Registrar (Planning) set aside the award of the Arbitrator and held the petitioner liable for payment along with expenses and future interest. Against that, petitioner preferred a revision under Section 69 of the Act, which was allowed on 06.10.2006 (Annexure P/14) and the case was remanded to the Joint Registrar (Planning), Cooperative Societies, Punjab. Again, the Joint Registrar (Planning) vide order dated 28.08.2007 (Annexure P/15) set aside the award dated 19.02.2003 passed by the Deputy Registrar and remanded the case back to the Deputy Registrar. The petitioner again filed a revision petition under Section 69 of the Act before the Secretary, Cooperation (A), Punjab. Vide order dated 13.05.2008 (Annexure P/17), the Secretary Cooperation (A), Punjab set aside the order dated 28.08.2007 passed by the Joint Registrar (Planning) and remanded the case to him. Thereafter, vide order dated 16.10.2008 (Annexure P/18), the Joint Registrar (P) dismissed the appeal filed by respondent No. 4 - Bank. Against that, respondent No. 4 - Bank preferred a revision petition before the Secretary, Cooperation Punjab, exercising the powers of the Punjab Government, under Section 69 of the Act, who set aside the order of the Joint Registrar (P) dated 16.10.2008 and remanded the case to pass a speaking order on the following points vide order dated 26.05.2009 (Annexure P/19): -

(3.) IN pursuance of notice of motion, respondent Nos. 1, 2, 3 and 4 filed their separate written statements and contested the claim. To reply filed by respondent No. 4, petitioner filed replication along with Annexures P/23 and P/24 wherein one of the accused Jasbir Singh is stated to have been acquitted.