HARBANS SINGH Vs. GURNINDER SINGH

JUDGEMENT

(1.) There is a chequered history of litigation between the petitioner, on the one hand, and the Society, where he was employed as a Secretary, on the other hand. The respondents herein are office-bearers of the Society.

(2.) It is alleged that earlier the petitioner was arbitrarily dismissed from service by the Society vide order dated 6.4.1993 and the said order was successfully challenged by him before the Secretary, Cooperative Societies, which was further upheld by this Court in CWP No. 10291 of 1995 (Annexure P-1) and attained finality after dismissal of SLP of the Society by the Hon'ble Supreme Court. However, instead of complying with the aforesaid orders, the respondents again placed the petitioner under suspension. Though, operation of the said suspension order has been stayed by the Registrar, Cooperative Societies, yet the petitioner was not being reinstated and, thus, the respondents are guilty of committing contempt of court, that this petition has been filed.

(3.) In response to the show cause notice, the respondents have come up with a plea that after his reinstatement in terms of the previous order of the Registrar, Cooperative Societies, which was upheld by this Court as well as the Hon'ble Supreme Court, the petitioner was again charge-sheeted and placed under suspension. It was against the order of suspension dated 22.7.1996 that he approached the Registrar, Cooperative Societies, who stayed the same and directed his reinstatement vide order dated 9.4.1997 (Annexure P-3). It is further explained that much water has flown thereafter inasmuch as the disciplinary proceedings were concluded and the petitioner was dismissed from service on 9.12.1997. It is, thus, contended that by not reinstating the petitioner in terms of the order dated 9.4.1997 passed by the Registrar, Cooperative Societies, the respondents have not committed any contempt of court.