GANGA RAM Vs. JOINT SECRETARY

JUDGEMENT

(1.) This writ petition has been filed seeking a writ of certiorari to quash the award dated May. 18, 1980. passed by respondent No.3 as confirmed by respondent No.1 by his order dated September 14. 1981.

(2.) The petitioner as nominated as Chairman of the Board of Administrators of the Sonepat Central Co-operative Bank Ltd., Sonepat,(hereinafter called the Bank) in the year 1978 by the Government of Haryana. The Indian Farm Education Foundation circulated a letter in the year 1978, to all the Central Co-operative Banks intimating that 12th International Study Programme in agricultural marketing and farm credit management was being organised by it and invited the delegates to attend the programme. The Board of Administrators of the Bank by a resolution passed at its meeting held on November 18, 1978, sponsored the name of the petitioner to participate in the programme. The Manager of the Bank sent a copy of this resolution dated November 18, 1978, to the Registrar, Co- operative Societies for its approval on November 23. 1978. As no reply was received, reminder was sent to respondent No.2 on December 8, 1978. The study Programme was to be held during the month of December, 1978. As no response was received by the Bank from the Registrar, Co-operative Societies, the petitioner left the country for attending the Study Programme on December 3, 1978. This fact was also mentioned in the reminder dated December 8, 1978. In connection with the tour undertaken by the petitioner, to attend the Study Programme, the petitioner incurred the expenditure of Rs. 12,008/- which he had withdrawn from the Bank. Thereafter. in the year 1980 a dispute was raised by the Bank against the petitioner, who by then ceased to be the chairman on account of the change of Government on the ground that the petitioner undertook the foreign tour without the prior approval of the Registrar. Co-operative Societies. Therefore, expenditure incurred by him to the tune of Rs. 12,008/- was unauthorised and the petitioner's Bank was entitled to recover the sum from the petitioner. The Assistant Registrar, Co- operative Societies, directed the petitioner to refund the said amount to the Bank with interest at the rate of twelve per cent. Against the said order, the petitioner had filed an appeal to respondent No. 1. namely, Joint Secretary. Co-operation. Haryana who dismissed his appeal by his order dated September 14, 1981, vide Annexure P-2. To quash these orders, the petitioner has approached this court.

(3.) There is no dispute of the fact that the petitioner was nominated as chairman of the Board of Administrators of the Bank in the year 1978, and he was also elected as M.L.A. from Gohana Constituenev in the year 1977. By letter dated November 18, 1978, the Indian Farm Education Foundation Invited the Co-operative Banks and Societies to sponsor the names of the delegates to attend the 12th International Study Programme in agricultural marketing and farm credit management being organised by it. The Board of Administrators by a resolution passed at its meeting sponsored the name of' the petitioner. Said resolution was sent to the Registrar. Co-operative Societies for its approval. It is also an admitted fact that the Study Program inc was held during the first week of December, 1978. This fact was also made known to the Registrar of Co-operative Societies But the Registrar-Co-operative societies did not pass any order. A reminder was also issued to the Registrar-Co-operative Societies by the Manager of the Bank on December 8, 1978, where it was also Sanctioned that the petitioner already left the country to attend the Study Programme and sought post facto approval but even then the Registrar, Co-operative Societies did not pass any order. It was only in the year 1980 when there was a change of' management, the Co-operative Bank raised the dispute for recovery of the amount incurred by the petitioner on his foreign tour on the ground that no prior approval of the Registrar was obtained. The petitioner undertook tour only in pursuance of the sponsorship sent by the Board of Administrators. Therefore, it cannot be said that the petitioner himself in his capacity as Chairman undertook the tour. The tour was undertaken on the basis of a valid resolution passed by the Board of Administrators. Though lac approval of the Registrar, Co-operative Societies was sought for, Registrar, Co-operative Societies kept silent and did not take any decision whether to give or not to give his approval. When the Study Programme was to be held in the first week of December, 1978, there was no point in getting the matter pending till the conclusion of the Study Programme. Prior permission of the Registrar, Co-operative Societies was sought for but the Registrar did not pass any orders. As the tour was undertaken on the basis of a resolution of the Board of Administrators I am of the opinion that the tour undertaken by the petitioner cannot said to be unauthorised. Had the Board of' Administrators not passed the resolution the petitioner would not have undertaken the tour. It is not the case of the respondents that the petitioner prevailed upon the Board of Administrators in sponsoring him to attend the Study Programme. Therefore, in my view, it cannot be said that participation of the petitioner in the Study Programme by going abroad was unauthorised. In this vices of the matter, I am of the opinion that the Bank is not entitled to recover the amount from the petitioner as the petitioner undertook the tour on the basis of a resolution validly passed by the Board of Administrators.