Iqbal Singh vs The State of Punjab and others

I.S. Tiwana, J.—The petitioner who was working as a Secretary of the four Co-operative Agricultural Service Societies, namely, Cheema, Manakpur, Talwandi Sobha Singh and Dhariwal, impugns the actions of respondent No. 3 (Assistant Registrar, Co-operative Societies, Tarn Taran) in passing order dated 24th June, 1976 (Annexure P1) whereby the petitioner was blacklisted with immediate effect. The reason for passing this order, as stated therein, was that the Inspector, Co-operative Societies, Patti had reported to the Assistant Registrar that the petitioner had failed to hand over the records of the above-noted Societies to him and was also not taking interest in the working of these Societies and that his continuance in that post was not in the interest of the Societies. Later, this order was temporarily withdrawn with immediate effect vide order annexure P2. Still latter, vide order dated 19th August, 1976 (Annexure P3), order annexure P2 was withdrawn with immediate effect. The net result was that order annexure P1 remained operative against the petitioner. The solitary submission of the learned counsel for the petitioner is that the Assistant Registrar had no jurisdiction to pass order annexure P1 under any provision of law.

It deserves to be noted here that the Assistant Registrar concerned has not cared to file a reply to this petition. The learned counsel appearing for the respondent-authorities is not in a position to refer to any provision of law under which the Assistant Registrar has the jurisdiction to j deal with an employee of a Co-operative Society and to pass an order of the nature of Annexure P1. The learned counsel is not even clear as to (the effect of this order. The learned counsel for the petitioner, however, explains that in the face of this stigmatie order, the petitioner was completely deprived of seeking any employment in any Co-operative Society in the State of Punjab. Be that as it may, it is patent in the light of the above discussion that the Assistant Registrar had no jurisdiction whatsoever to pass the imougned order annexure P1 (See Gurdev Singh v. Registrar, Co-operative Societies 1983 P L.J. 365).

In the light of the above I allow this petition and while quashing order annexure P1 burden the Assistant Registrar, who passed that order, with costs which I determine at Rs. 300/-.