MUKAND SINGH Vs. JOINT SECRETARY

JUDGEMENT

(1.) This petition has been filed for issuance of a writ of certiori quashing the order dated 13.9.1995. Annexure P-5 passed by respondent No. 1 qua the direction.

(2.) Petitioner No. 1 was President while petitioner No. 2 was Member of Sadda Singhwala Co-operative Agricultural Society during the period 1980-1993. One Hari Singh became the Cashier of the said Co-operative Society somewhere in the year 1969. Said Hari Singh committed a default in the matter of loans, case in hand and fertilizers stock with him. In this way, an amount of Rs. 21617.75 was recoverable from Hari Singh by the said Co-operative Society. The said cashier was ultimately removed by the Society in the year 1971. From 1969 to 1990, no efforts were made to re-ever the amount from Hari Singh. Hari Singh died in the year 1990. Managing Committee of the Society on 1.7.1992, prepared a case for arbitration against the heirs of Hari Singh Ex- Cashier under Section 55 of the Punjab Co-operative Societies Act, 1961 (hereinafter referred to as the Act) and referred the matter to the arbitrator. Claim of the Society was rejected by the arbitrator on 20.7.1993 on the ground that there was nothing on the record to find out the actual heir of Hari Singh and that under Hindu Succession Act, the others of said Hari Singh i.e. respondents No. 4 to 7 cannot be deemed to be his heirs. Aggrieved against as award of the arbitrator. Co-operative Society preferred an appeal before the Assistant Registrar, Co-operative Societies, Mansa, who set aside the award and admitted the case for a fresh decision after appointing one Gurdev Singh Inspector as arbitrator under Section 56 of the Act. Respondents No. 4 to 7 being not satisfied with the order of the Assistant Registrar, Co-operative Societies filed revision petition under Section 69 of the Act before the Registrar-respondent No. 1. Revision petition was accepted and the case was again remanded back to the Registrar, Co-operative Societies, Mansa, for decision on merits. Assists Registrar, Co-operative Societies once again took up the matter and after hearing the Society as well as respondents No. 4 to 7 reaffirmed its earlier order and held that amount in question was recoverable from respondents No. 4 to 7 along with interest at the rate of 17% as these respondents being the legal heirs of deceased Hari Singh had obtained a decree from the Civil Court in their favour with regard to the property of Hari Singh. Respondents No. 4 to 7 filed another revision petition before respondent No. 1.

(3.) Respondent No. 1 accepted the revision petition vide order dated 13.9.1995 (Annexure P-5) and set aside the order of Assistant Registrar. It was held that respondent No. 4 to 7 were not the legal heirs of Hari Singh as they had not inherited any property of Hari singh; that there respondents were not liable personally and, therefore, the amount recovered from Hari Singh could not be recovered from the personal property of these respondents. While accepting the revision petition, a direction was issued fixing the liability on the Managing Committee of the Society holding that the members of the Managing Committee were negligent in handing the matter and for the loss caused to the Society. It was ordered that recovery be effected from them,