KEDAR SINGH Vs. STEEL AUTHORITY OF INDIA

JUDGEMENT

(1.) IN this writ application the petitioner has prayed for quashing the order dated 5.7.2001 passed by Joint Registrar in Award Appeal No. 1 of 2001 affirming the order dated 30.11.2000 passed by Assistant Registrar in Case No. 5 of 2000, whereby dismissal of the petitioner from the primary membership of Bokaro Steel Employees (Operation Mill Zone) Co -operative Credit Society Ltd. has been held legal and valid.

(2.) PETITIONER was elected member of Cooperative Credit Society Limited for the period 1999 -2002 and he was also elected in the Executive Body of the Society. It is alleged by the petitioner that he raised serious objection regarding malfunctioning and gross misuse of fund by the nominated members of the Society and on such objection, inquiry was made by the Joint Registrar and certain irregularities were found. Because of the objection raised by the petitioner the Chairman alongwith Secretary hatched a conspiracy and a petition was filed by the Secretary before the Chairman alleging that petitioner has misbehaved and abused him. An emergent meeting was called by the Chairman and the Chairman was authorised to enquire into the matter and take a decision. It is contended by the petitioner that in utter violation of rules of natural justice, the Chairman after inquiry dismissed the petitioner from primary membership of the Society. Petitioner challenged the said order of dismissal before the Joint Registrar, Co -operative Society and the matter was finally heard by the Assistant Registrar who confirmed the dismissal of the petitioner vide order dated 30.12.2000. Petitioner then preferred an appeal which was also dismissed by the Registrar Co - operative Society. Respondent Nos. 7 to 10 filed their counter - affidavit stating inter alia that petitioner was in the habit of raising frivolous allegations against the office bearers of the Co -operative Society and consequently the respondents had to take extreme measure of expulsion of the petitioner from the primary membership of the Society. Accordingly, an emergent meeting was called by the Chairman of the Bokaro Steel Employees Co -operative Credit Society Ltd. on the basis of complaint made by the Secretary of the Society due to misbehaviour and misconduct of the petitioner. The matter was discussed in the meeting and notice to that effect was served by the Secretary but the petitioner and other three committee members refused to accept the notice. The Chairman conducted the inquiry in presence of the petitioner but he did not co -operate and participate in the proceeding. The decision of cancellation of primary membership of the petitioner from the society was finally approved by the Committee of management of the Society. It is further stated in the counter -affidavit that against the Chairmans decision of cancellation of membership of the petitioner, the petitioner filed a case in the Court of Assistant Registrar being Case No. 5/2000 which was rejected and then he preferred appeal which was also dismissed by the Registrar.

(3.) FROM perusal of the writ application it appears that in paragraph 21 petitioner has stated that the order of dismissal passed by the Chairman has not been approved or passed in the Executive Committee Meeting prior to serving it upon the petitioner, rather paper was fabricated showing the meeting dated 6.12.2000 and in the said meeting the dismissal order was approved by the Committee. The Assistant Registrar in the impugned order has considered this aspect of the matter and came to a finding that the decision of the Chairman was finally approved by the Executive Committee, The Registrar, in the appeal filed by thepetitioner has also gone into this question and recorded a definite finding that the inquiry report and the order of removal of the petitioner by the Chairman was placed in the meeting of the Executive Committee held on 6.12.2000 and the order was approved by the Committee.