R.S. GUJRAL Vs. UOI AND OTHERS

JUDGEMENT

(1.) Petitioner claims that he is a retired Army Officer, about 68 years of age and a member of the Defence Services Officers Institute (DSOI) which was established under the Societies Registration Act, in the year 2001 as a non-profit association wherein objectives of the institute were to provide welfare, social and recreational facilities to the Officers of the Defence Services, both serving and retired, along with a common mess. Petitioner claims that on account of petitioner having complained about the rampant corruption in the management of the Defence Services Officers Institute (DSOI), his membership has been cancelled vide order Annexure P-8 in the exercise of Rule 24 (a) (vi) read with Rule 52 of DSOI, Sector 36-C, Chandigarh Rules and Bye-Laws 2001 as amended from time to time.

(2.) There is no dispute that the respondent No. 6 club is an instrumentality of State as it is managed and supervised by the serving army officials. The grievance of the petitioner is that he has not been granted any opportunity of hearing before this membership was cancelled.

(3.) Learned counsel for respondents No. 6 and 7 has vehemently contended that the writ petition is not maintainable as the present writ petition involves disputed questions of fact and that the petitioner could have filed an appeal under the Societies Registration Act, 1860.