RANDHIR SINGH Vs. JOINT SECRETARY, CO-OPERATION

JUDGEMENT

(1.) THE petitioner was the Secretary of the Majra Co- operative Credit and Services Society Ltd., Majra in the year 1979 while the 4th respondent was the Salesman of the said Society. The Society i.e. the 3rd respondent raised a dispute for recovery of Rs. 11,985/- as recoverable from the petitioner and the 4th respondent. The matter was referred to an Arbitrator under the provisions of the Punjab Co-operative Societies Act. The Arbitrator passed an award on 21.11.1980 making the petitioner liable for a sum of Rs. 2144.64 and the 4th respondent liable to pay a sum of Rs. 10,844.53. Aggrieved by the award, the petitioner filed an appeal to the Joint Secretary, Co-operation, Haryana who made the petitioner as well as the 4th respondent responsible to pay the entire amount Jointly and severally. Aggrieved by the said order, the petitioner filed this writ petition.

(2.) THE petitioner was made liable to pay only a sum of Rs. 2144.64 by the Arbitrator. He was exonerated to pay the remaining amount and it was only the 4th respondent who was made responsible to pay the balance amount of Rs. 10,844.53 . Admittedly, there was no appeal at all by the Society, the 3rd respondent or by the 4th respondent against the award passed by the Arbitrator, it was only the petitioner who filed an appeal before the Joint Secretary, Co-operation, Haryana. In the appeal the Joint Secretary, Co- operation made the petitioner also liable to pay the amount of Rs. 10,844.53 jointly along with the 4th respondent. In my view, this order of the Joint Secretary, Co-operation, Haryana cannot be sustained. When the petitioner was exonerated to pay the amount of Rs. 10,844.53 and when there was no appeal against the said order either by the Society or the 4th respondent, the Joint Secretary had no power to make the petitioner liable to pay when it was directed to be paid by the 4th respondent. In the appeal filed by the petitioner, the only question before the Joint Secretary, Co-operation, Haryana, was whether the petitioner was liable to pay Rs. 2144.64. Whether the petitioner is also jointly and severally liable to pay the remaining amount of Rs. 10,844.53, was not the question before the Joint Secretary, co-operation, Haryana. Therefore, the order of the Joint Secretary, Cooperation is liable to be set aside. I accordingly set aside the order of the Joint Secretary, Co- operation, Haryana Annexure P3 and restore the order of the Arbitrator Annexure P1. There will be no order as to costs. Petition accepted.