JAGAT RAM SAINI Vs. REGISTRAR, CO-OPERATIVE SOCIETIES

JUDGEMENT

(1.) The petitioner has challenged the legality of the orders Annexure P-18 dated 7.4.1992 and Annexure P-20 dated 22.9.1992, which have been passed on the basis of disciplinary inquiry held against him in respect of the charges contained in the notice (Annexure P-6) dated 27.6.1989. He has prayed that the order of punishment as well as the order passed by the Appellate Authority be quashed and he be ordered to be re-instated in service with consequential benefits.

(2.) The Batala Co-operative Spinning Mills Ltd., Barnala is a co-operative society registered under the Punjab Co-operative Society Act, 1961 (hereinafter referred to as the Act). The Punjab Co-operative Spinning Mills Federation Ltd., Ropar (for short, the Federation) is also a cooperative society registered under the Act. The Barnala Mills well as the Federation are separate legal entitles and have their own bye-laws. The petitioner was appointed as Chief Executive of the Barnala Mills by an order (Annexure P-1) dated 20.3.1985 on the basis of the resolution passed by the Administrator, the Barnala Co-operative Spinning Mills Ltd., which was duly approved by the Registrar, Co-operative Societies. The posts of the Chief Executive of the various co-operative societies were subsequently designated as Managing Director. The petitioner also came to be designated as Managing Director of the Barnala Mills. While the petitioner was holding that post, a preliminary inquiry was held against him by Shri S.S. Paul, Executive Director of the Federation on the basis of the directions issued on 2.5.1989 by the Managing Director of the Federation. After receipt of the preliminary inquiry report, the Managing Director of the Federation issued an order dated 16.7.1989 in pursuance of the decision of the Administrative Committee and placed the petitioner under suspension. This was followed by notice dated 25.7.1989 for a regular inquiry against the petitioner under the Punjab Co-operative Spinning Mills Federation Services (Common Cadre) Rules, 1989. The petitioner filed a civil suit in the court of Additional Senior Sub Judge, Barnala, against his suspension as well as the charge-sheet. An order of injunction was passed by the learned Additional Senior Sub Judge on 5.9.1989. On 6.9.1989, the petitioner was once again placed under suspension. He, therefore, filed another suit in the court of Additional Senior Sub Judge, Barnala and once again applied for injunction. His prayer was accepted and an order of injunction was passed on 25.9.1989. This injunction order was vacated by the Additional District Judge, Barnala, vide his order dated 2.11.1989, which he passed on an appeal filed by the respondent Nos. 2 and 3. The petitioner filed revision petition No. 3535 of 1989, which was admitted by the High Court on 13.11.1989. During the pendency of the revision petition, the petitioner withdrew his suits. Consequently, the revision petition was also dismissed as having become infructuous.

(3.) The petitioner contested the charge levelled against him vide his reply (Annexure P-7) dated 26.7.1989. Another charge-sheet dated 13.8.1989 was served upon him by the Managing Director of the Federation. Thereafter, the Additional Registrar, Co-operative Societies, was appointed as Inquiry Officer. The Inquiry Officer submitted his report to the respondent Nos. 2 and 3. Respondent No. 3 issued a show-cause notice dated 8.1.1992 proposing dismissal of the petitioner from services. The petitioner made more than one applications for grant of time to file reply and ultimately submitted his reply on 7.4.1992. On that very date the respondent No. 3 passed the order (Annexure P-18) and dismissed the petitioner from services. Against his dismissal from service, the petitioner filed an appeal before the Board of Directors. That appeal has been dismissed vide Annexure P-20.