CHARAN SINGH LONGIA Vs. REGISTRAR CO-OPERATIVE SOCIETIES

JUDGEMENT

(1.) PETITIONER seeks quashing of order passed by the Assistant Registrar, Co -operative Societies, Annexure P -4, under Section 55/56 of the Punjab co -operative Societies Act as well as order of the executing Court, Annexure P -5, whereby it has been ordered that a sum of Rs. 400/ - per month from the salary of the petitioner be attached towards the amount recoverable from him as determined vide order dated 12.12.1989.

(2.) THE petitioner, Field Officer, working in the Punjab State Co -operative Supply and Marketing Federation Limited (for short 'MARKFED') was entrusted with the job of despatching stock of wheat to various stations. Since some irregularities were found in the working, a charge sheet was served upon him to which the petitioner filed reply and so the matter was enquired into by a regular Departmental Inquiry as provided under the Common Cadre Rules. According to the petitioner, he was exonerated as per report Annexure, he was exonerated as per report Annexure P -2. The disciplinary authority i.e. the Managing Director considered the enquiry report and passed an order holding report and passed an order holding that there was shortfall of 6 bags of wheat in the stock and so ordered that the cost of six bags be recovered from the petitioner. This orders is dated 8.8.1988, Annexure P -3. Since the petitioner had already been punished vide Annexure P -3, reference of dispute under Section 55/56 of the Punjab Cooperative Societies Act and the award passed by the Assistant Registrar, Cooperative Societies on 12.12.1989, Annexure P -4, and the order passed by the executing Court pursuance thereto is without jurisdiction, null and void, non est and liable to be quashed.

(3.) WE have heard learned counsel for the parties and perused the various documents referred to during the course of their submissions. The primary contention raised by the learned counsel for the petitioner is that the authorities having punished the petitioner on the basis of charge -sheet Annexure P -l, proceedings initiated under Section 55/56 of the Cooperative Societies Act amounts to punishing the petitioner twice for the same charge and for this precise reason the award of the Assistant Registrar, Annexure P -4, is unsustainable in law. The award of the Assistant Registrar is also otherwise unsustainable in law as no notice was issued to the petitioner and so such an award is non est. Consequently, the execution proceedings are also unsustainable.