UJJAL SINGH Vs. FINANCIAL COMMISSIONER, COOPERATION PUNJAB

JUDGEMENT

(1.) THE question which requires consideration and decision by this Court is whether the bye-laws of the society would prevail over the Statutory Rules framed under the Co-operative Societies Act, 1961 (for short 'the Act').

(2.) THROUGH this writ petition, the petitioner has sought quashing of the impugned order dated 27.11.2007(Annexure P-7) passed by the Financial Commissioner, Cooperation Punjab-respondent No. 1 whereby the revision petition preferred by the Patiala Central Cooperative Bank Limited, Patiala- respondent No. 4 stands accepted.

(3.) THE petitioner challenged his order of compulsory retirement by way of filing an appeal on 9.3.2005 under Bye-law 34 (iii) of the registered Bye-laws of the respondent-Bank, before the Registrar, Cooperative Societies, Punjab. The case was transferred by the Registrar to the Joint Registrar (P), Cooperative Societies, Punjab, Chandigarh who vide his order dated 10.2.2006 relying upon Rule 10 of the Punjab State Cooperative Financial Institutions Service Rules, 1958 (hereinafter referred to as 1958 Rules) held the appeal preferred by the petitioner as time barred. This order was challenged by the petitioner by way of revision petition under Section 69 of the Punjab Cooperative Societies Act, 1961 before the Judicial Registrar (I), Cooperative Societies, Punjab, Chandigarh, which was allowed and the order dated 10.2.2006 passed by the Joint Registrar, Cooperative Societies (P), was set aside, with a direction to the Deputy Registrar (Legal) Cooperative Societies, Punjab, Chandigarh, to hear and decide the appeal under the bye-laws of the respondent-Bank on merits. Feeling aggrieved, respondent No. 4-Bank challenged the said order dated 1.3.2007 before the Financial Commissioner, Cooperation, Punjab, by filing a revision petition which was allowed on 27.11.2007. It is this order which is under challenge before this Court.