Gurdev Singh vs Registrar, Cooperative Societies and others

S.S Sodhi, J.

The challenge here is to the order passed by the Assistant Registrar, Cooperative Societies on December 9, 1976 (Annexure P.1.) black listing the petitioner Gurdev Singh, Secretary of the Kaind Cooperative Agricultural Service Society and directing the President of the Society to make immediate arrangement for talking charge from him. The contention raised being that the Assistant Registrar was vested with no such power or authority to pass any such order. Reliance was placed upon the judgment of this Court in Civil Writ 6846 of 1974, Hari Singh v. Assistant Registrar, Cooperative Societies etc., decided on September 17, 1982, where a similar order regarding the blacklisting the Secretary of the Society was quashed, as there was no provision of law which could be cited to support the order to this effect.

Mr. B.S.Khoji, appearing for the private respondents, who were later impleaded as parties to this petition, conceded that no power vasted in the Assistant Registrar to direct the blacklisting of the petitioner or that the charge be taken from him, but sought to contend that what was contained in the impugned order (Annexure P.1) was merely a recommendation by the Assistant Registrar to the Cooperative Society that the petitioner be blacklisted. He went on to say that such recommendation would, of course, not be binding upon the Cooperative Society and the Society would be at liberty to accept or reject it.

The impugned order (Annexure P.1) is plainly and clearly couched in terms as an order, providing no warrant for reading it to be a mere recommendation. Construed in this manner, it cannot but ordered to be quashed. The Society may, however, if it so chooses treat it as a recommendation in which case it would be open to it accept it reject it as it deems fit.

In the result, the impugned order (Annexure P.1) is hereby quashed. The petitioner shall as a consequence be entitled to all benefits that may accrue to him as a result thereof. This writ petition is accepted with costs. Counsel''s fee Rs.200/.