Baljit Singh and Others vs Additional Registrar (G) Cooperative Societies and Others

Jasbir Singh, J.

C.M. No. 2315 of 2008

Application allowed, document is taken on record.

C.W.P. No. 1755 of 2008

Vide order dated 15.1.2008 (Annexure P/4), Executive Committee consisting of the petitioners, of respondent No. 4 - Society, was removed by Assistant Registrar Cooperative Societies, Jagraon by exercising powers u/s 27(2) of the Punjab Cooperative Societies Act, 1961. The petitioner filed statutory appeal before the Additional Registrar (g), Cooperative Societies, Punjab at Chandigarh/Appellate Authority. Their appeal came up for hearing on 25.1.2008 and the offer concerned passed the following order:

Presented. Heard. Transferred to Joint Registrar (Milk Supply) to decide in accordance with law and parties to appear on 20.2.2008. Operation of the order dated 15.1.2008 is hereby stayed till next date.

It is grouse of the petitioners that thereafter without issuance of any notice to them, stay order was vacated on 28.1.2008 (Annexure P/3).

We have heard counsel for the petitioner. It is apparent from the records that when appeal was heard the appellate authority granted interim stay to the petitioners. The case was transferred to Joint Registrar (Milk Supply) and the parties were directed to appear before above said officer on 20.2.2008. It appears that thereafter without issuance of any notice to the petitioners, following order was passed by the appellate authority, although the case stoo transferred, on 28.1.2008:

In the above case, on 25.1.2008 the undersigned has stayed the order of Assistant Registrar Cooperative Societies, Jagraon dated 15.1.2008 and Naib Singh have filed a caveat in this case but the caveat petition could not come in notice because the P.A. was on leave. Therefore, the order dated 25.1.2008 is withdrawn. In this connection, the concerned parties be informed to appear before the Joint Registrar (M/s.) on 20.2.2008.

We feel that the order has been passed in clear violation of the principles of natural justice. Still further we have also gone through the removal order dated 15.1.2008 (Annexure P/4). Allegations are with regard to embezzlement committed by a salesman of respondent No. 4 - Society. It was the allegation against the executive committee that it has failed to take action against above said employee. Shri Bedi has brought to our notice that after visit of the Additional Registrar on 7.8.2007, show cause notice was issued to the said salesman on 17.8.2007. In response thereto, some amount was deposited by him on 20.8.2007. Even then the executive committee was not satisfied and keeping in view conduct of that person, he was put under suspension on 22.11.2007. If that is so, we feel that such a harsh action was not called for against the Society.

In view of facts mentioned above, we quash order dated 28.1.2008 (Annexure P.3) and restore stay order passed on 25.1.2008. It is made clear that anything observed by us will not affect merits of the appeal. Joint Registrar (Milk Supply) is directed to decide the appeal on the date fixed or within ten days thereafter. Till disposal of the appeal interim order dated 25.1.2008 shall continue. Copy of the order is given dasti on payment of usual charges.

Sd/- Jaswant Singh, J.