LAWS(J&K)-2002-2-33

KULDEEP KUMAR GUPTA, S/O SH. RAM CHAND GUPTA, R/O PARTAP GARH, JAMMU Vs. SANAM SONI, S/O SH. RAVI KANT SONI, R/O 8/1 TRIKUTA NAGAR, JAMMU

Decided On February 04, 2002
Kuldeep Kumar Gupta, S/O Sh. Ram Chand Gupta, R/O Partap Garh, Jammu Appellant
V/S
Sanam Soni, S/O Sh. Ravi Kant Soni, R/O 8/1 Trikuta Nagar, Jammu Respondents

JUDGEMENT

(1.) This revision petition is directed against the order dated 31-01-2002 passed by the Registrar, Cooperative Societies, Jammu, on a petition moved by the respondent Sanam Soni under section 70 of the Jammu and Kashmir cooperative Societies Act 1989 seeking removal of the petitioner Sh. Kuldeep kumar Gupta from the Directorship of the Citizens Cooperative Bank Limited on the allegation that Sh. Kuldeep Kumar Gupta while acting as Chairman of the said Cooperative Bank obtained a sum of Rs. 50000, from one Sh. Surinder Kumar for facilitating sanction of a loan in his favour from the Bank.

(2.) Ld. Registrar through his impugned order held that the petitioner herein is not eligible to be appointed as Chairman of the Management Committee of the said Bank under Rule 25(1). A further direction has also been passed directing the Management Committee of the Bank to elect some other member of the committee as Chairman.

(3.) Undisputedly another Chairman in place of Sh. Gupta has already been elected and the election of the chairman has not been challenged by the Petitioner. According to the Ld. Counsel for the petitioner, the petitioner is aggrieved only of his indictment by the Registrar on the charge of having obtained Rs. 50000 as illegal gratification. The Ld. Counsel for the petitioner has argued that Ld. Registrar without properly appreciating the evidence and facts involved and without properly appreciating the evidence and facts involved and without considering the insufficiency of evidence available to support the charge, has indicated the petitioner that too without giving any reasons, not to speak of justifiable reasons, therefore his judgement impugned is illegal and deserves to be set aside.