AJMER SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS petition is filed to issue a writ to quash the order of the Joint Secretary (Co-operation), Haryana, Chandigarh, dated 29.5.1981 (Annexure P.3),

(2.) THE petitioner was working as a Salesman with the Dadupur Head Co -operative Credit Service Society Ltd. Dadupur. Tehsil Jagadhir, District Ambala during the year 1973. The said society was supplied fertilizers of the value of Rs. 8640.60 paise by the Jagadhri Co -operative Marketing and Processing Society Ltd. Jagadhir, Ambala District. The said fertilizer was stored in a godown situated near a rivulet. During the month of July, 1973, there were heavy rains in the locality and the fertilizers were washed away due to the flood in the Som river, thereby there was a loss of fertilizer stored in the godowns of the society. As the cost of the fertilizer supplied by the Jagadhri Co -operative Marketing and Processing Society Ltd. remained unpaid, the Jagadhir Co -operative marketing and processing Society Ltd. raised a dispute under Section 55 of the Punjab Co -operative Societies Act (applicable to Haryana) for recovery of the said amount against the said society and the salesman. The said dispute was referred to the Inspector Co -operative Societies, Chhachhroli as arbitrator. By his order dated 26.12.79, the Arbitrator hold that the Salesman cannot be held responsible because he has not asked for the fertilizer to be supplied and that the actual loss of the fertilizer amounting to Rs. 9640.60 paise have to be borne equally by both the societies as the loss was suffered due to the heavy rains for which the salesman cannot be held responsible. The said order was also confirmed by the Assistant Registrar, Co -operative Societies by his order dated 23.7.1979. On further revision, the Joint Secretary (Co -operation) allowed the revision of the Jagadhri Co -operative marketing and processing Society Ltd. and directed that the disputed amount be recovered from the Dadupur Head Co -operative Credit Service Society Ltd. and the Sales man (the petitioner herein) jointly and individually, Aggrieved by this order making him liable to pay the amount representing the loss of the fertilizer, the petitioner filed the present writ petition to quash the order of the Joint Secretary (Co -operation) Haryana. There is no dispute that some fertilizer worth Rs. 8640.60 paise was supplied by the Jagadhri Co -operative marketing and processing Society Ltd. to Dadupur Head -co -operative Credit Service Society Ltd. The petitioner was a salesman of the said society. The fertilizers supplied to the Dadupur Head Cooperative Credit Service Society were stocked in its godowns. There is no dispute that during July, 1973, there were heavy rains and there were floods in the rivulet near the godown of the Dadupur Society, thereby causing loss to the fertilizer. Under these circumstances, the salesman in no way is responsible for the storing of the fertilizer supplied to Dadupur Head Co -operative Society Ltd. by the Jagadhri Co -operative marketing and processing Society Ltd. The fertilizers were stocked in the godown belonging to the Dadupur Head Co -operative Credit Service society Ltd. and due to heavy rains and flood in the rivulet which was near the godown the fertilizers were washed away in the floods. If there was loss, the same has to be born by the Dadupur Head Co -operative Credit Service Society Ltd. but not by the salesman of the society in his individual capacity. An employee of the Society will be held responsible if there is any negligence in the discharge of his duties or if he has mis -appropriated or if the society suffered any loss due to any negligence of the employee. It is not the case of any body that the petitioner conducted himself in a negligent manner thereby causing loss to the society. I am therefore, of the opinion that the petitioner cannot be held liable to make good the loss incurred by the society. Because the damage of the fertilizer was due to floods, the order of the Joint Secretary (Co -operation), Haryana making the petitioner liable to pay the costs of the fertilizer to the Dadupur Head Co -operative Credit Service Society Ltd. individually is liable to be set -aside. I accordingly allow the writ petition, quash the order of the Joint Secretary (Co -operation) Haryana (Ann.P.3) in so far as it makes the petitioner liable to pay the loss individually. However, there will be no order as to costs.