BALBIR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS writ petition is filed to quash the order of the Joint Secretary (Co -operation), Haryana, Chandigarh (Exercising the powers of Government under Sections 68 -69 of the Punjab Co -operative Societies Act, 1961) dated June 16, 1981, directing the Deputy Registrar, Karnal, to prepare a statement of the unauthorised journeys undertaken by Balbir Singh petitioner during his tenure as Director and also to prepare an estimate of the petrol consumed during such tours while using the car of the sugar mills.

(2.) THE petitioner was an elected Director of Panipat Co -operative Sugar Mills from December 1973 to 1977. During his period as Director, he worked as shareholder with the Sugar Mills and also claim T.A./D.A. for the tours undertaken by him and therefore one Dharam Singh Rathi who is a member of the Panipat Co -operative Sugar Mills raised a dispute under section 55 of the Punjab Co -operative Societies Act, 1961, alleging that petitioner Balbir Singh has drawn T.A. and D.A. unauthorisedly from 1974 to 1977 and, therefore, the same may be recovered from him. The matter was referred to the Deputy Registrar of Co -operative Societies for arbitration. By his order dated September 25,1980, the Deputy Registrar, Co -operative Societies held that T.A. and D.A. for the tours undertaken by the petitioner were duly authorised by the Board of Directors and, therefore, there was no unauthorised drawal of T.A. and D.A. As against the said order, Dharam Singh Rathi filed an appeal before the Joint Secretary (Co -operation) Haryana, Chandigarh who passed the impugned order on June 16, 1981. The petitioner has, thus, filed the above writ petition to quash the said order.

(3.) IN that view of the matter, the order of the Joint Secretary (Co -operation) Haryana Chandigarh June 16, 1981 (Annexure P) is hereby is hereby quashed. The writ petition is accordingly allowed. There will be no order as to Costs.