MALKIAT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) When during the course of audit of a Co-operative Society, shortages of funds and/or stocks is detected and liability for the same is sought to be fastened on the member of a management, or an officer, or an employee of the Society what proceedings are to be taken ?" This was the question posed by the admitting Bench issuing notice in this petition and directing it to be placed before a Division Bench. Reference was also there made to an apparent conflict between the judgments of this Court on the point in issue. These being Jai Pal V. State of Haryana, 1984 0 PunLJ 8, and Angoori Lal Sharma V. State of Haryana, 1980 PunLJ 86.

(2.) The matter in controversy here really being - whether the provisions of Section 54 or Section 55 of the Punjab Co-operative Societies Act, 1981 (hereinafter referred to as 'the Act') were applicable to such a situation, namely when audit of a Co-operative Society reveals actionable irregularities.

(3.) Tagged to this petition are three others, they being writ petitions 597, 2627 and 2841 of 1986, where a similar point of law arises. This will consequently dispose of these petitions too. To consider and decide the point in issue, it would, however, suffice to set-forth the relevant facts of only the present petition.