ASHWANI KUMAR BEOTRA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE petitioner, who is a permanent member of Dhanbad Club (in short 'the Club '), has challenged the authority of the Deputy Commissioner and has prayed for quashing the orders dated 27.1.2005 and 31.1.2005 issued by the Deputy Commissioner, Dhanbad whereby the petitioner has been suspended from the membership of the Club and an inquiry has been ordered against the petitioner. The petitioner has further prayed for issuance of a direction upon respondent No. 2, the Deputy Commissioner, Dhanbad not to disturb the validly elected Committee from discharging its function.

(2.) THE petitioner is a permanent member and the Secretary of the Club, which was established in 1991 and was revived in 1999. The Club is registered under the Companies Act and under Articles of Association the Deputy Commissioner would always be the ex -officio President of the Club. The petitioner was holding the post of Honorary Secretary of the Club. Petitioner 'scase is that on 25.1.2005 the Income -tax Department conducted a survey of the Club. Although the petitioner was not in Dhanbad but the Deputy Commissioner, as an ex -officio President, issued show cause notice to the petitioner and without convening any meeting of the Managing Committee of the Club, suspended the petitioner from the membership of the Club. The Deputy Commissioner also constituted a three men inquiry committee who are non -else but one of them is an unsuccessful candidates for the post of Honorary Secretary and the two others are ADM, law and order Dhanbad and the District Accounts Officer, Dhanbad. Thereafter the Deputy Commissioner hurriedly held election and declared the respondents as newly elected officer bearers and also lodged FIR against the petitioner.

(3.) THE Deputy Commissioner, respondent No. 2, filed counter affidavit wherein the first stand taken by him is that the writ petition is not maintainable as the Club is a private limited company registered under the Companies Act, 1956 . It is stated that under Clause 17(a) of the Articles of Association the ex - officio President of the Club shall always be the Deputy Commissioner, Dhanbad and in that capacity he has taken all steps. It is stated that the Managing Committee requested respondent No. 2, the Deputy Commissioner to issue show cause notice against the petitioner and, accordingly, he issued show cause notice on 29.1.2005 calling upon the petitioner as to why action should not be taken against him for his illegal act i.e. for non -filing of T.D.S. and non obtaining of PAN number from the Income -Tax Department. On receipt of the show cause notice the petitioner submitted his show cause and the same was not found satisfactory and hence he was suspended from the post of Secretary. The Deputy Commissioner, thereafter, appointed respondent Nos. 11, 12 and 13 to conduct inquiry against the petitioner. Since the irregularity was also in respect of financial matter, hence the Accounts Officers was requested to join the Committee and concludes its finding. On inquiry a huge amount of money of the Club was found to have been misappropriate by the petitioner and hence FIR was lodged against him.