GURCHARAN SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Whether an opportunity to show cause is imperative before suspending a member or a Committee of a Co-operative Society during the course of the proceedings for supersession under S. 27 of the Punjab Co-operative Societies Act, 1961 (as applicable in Haryana) is the significant question which falls for determination in this reference to the Full Bench.

(2.) The facts are not in serious dispute and a passing reference to them suffices. Gurcharan Singh, petitioner, is one of the five members of the Managing Committee of the Hansala Co-operative Agriculture Service Society Ltd., Hansala. The Deputy Registrar, Co-operative Societies, Kurukshetra exercising the powers of the Registrar initiated proceedings for the supersession of the aforesaid Committee. The notice, annexure P. 1 dated the 19th of July, 1977 was issued to the said Committee to show cause as to why the same be not superseded or removed and therein a number of irregularities and illegalities committed by the Managing Committee were listed seriatim. The members of the Committee were invited to show cause and given an opportunity to clear their position regarding the charges specified in the notice annexure P. 1 within a fortnight of the receipt thereof as required under S. 27 of the Act. However, the authority further took the view that in view of the charges levelled against the Managing Committee it should not be allowed to function during the pendency of the proceedings for supersession and removal and acting under S. 27(1A) of the Act The authority suspended the Managing Committee and appointed Shri Kuldip Rai Vaid, Development Officer of the Kurukshetra Central Co-operative Bank Ltd., as its Administrator meanwhile. The aforesaid suspension is the subject-matter of challenge in this writ petition.

(3.) When the matter first came up for hearing before a Division Bench, the primary and indeed the sole ground raised on behalf of the petitioner was that the impugned action of suspension had been taken against him without giving any notice and opportunity of being heard. Reliance for this contention was wholly based on two Division Bench judgments. In C.W.P. No. 8358 of 1976, Shadipur Co-operative Credit Society v. State of Haryana, decided on the 29th of Jan. 1977, the Division Bench in a short order at the stage of motion hearing observed that the vested rights of the Managing Committee to look after the affairs of the Society could not be nullified unless an enquiry in accordance with the principles of natural justice had been conducted. Consequently the Bench proceeded forthwith to quash the impugned order of suspension leaving it open to the authorities concerned to pass a fresh order in accordance with law. The same Division Bench reiterated their earlier view, even though its correctness was challenged before them again at the motion stage only in the judgment reported in Angrej Singh v. State of Haryana, 1978 Pun LJ 15.