LAWS(P&H)-1995-3-61

RAM DHAN Vs. STATE OF HARYANA

Decided On March 30, 1995
RAM DHAN Appellant
V/S
STATE OF HARYANA Respondents

JUDGEMENT

(1.) THIS petition is filed for the issuance of a writ of certiorari to quash the orders of the respondents 1 and 2.

(2.) THE petitioners are the members of the managing committee of the Balah Agriculture Co -operative Society. The petitioners got a loan sanctioned from the Karnal Central Co -operative Bank in the year 1973 for distribution among the members of the Primary Society. But they did not distribute the said amount among the members of the society. Therefore, the members of the managing committee of the society mis -appropriated the said amount. Subsequently the Balah Agriculture Cooperative Society went into liquidation and a Liquidator had been appointed. After the liquidator had taken charge, he referred the dispute under Section 55 of the Punjab Co -operative, Societies Act to the Arbitration by the Assistant Registrar, Co -operative Societies. The Assistant Registrar, Co -operative Societies passed an award on 5th December, 1977, directing all the members of the managing committee to pay the said amount of Rs. 37,595/ - drawn from the Karnal Central Co -operative bank with interest @ 12 percent along with costs of Rs. 500/ -. Aggrieved by the same, the appellants and other members of the managing committee preferred appeals to the Joint Secretary (Co -operation), Haryana who by his order dated 31st March, 1981, dismissed the appeals. Challenging the order of the Assistant Registrar confirmed by the Joint Secretary (Co -operation), the petitioners filed the above writ petition.