Thada Dugdh Utpadak Sahakari Samiti vs State of Rajasthan

Sangeet Lodha, J.—The matter comes up on an application preferred on behalf of the petitioner for vacating the interim order dated 20.12.13 and for final disposal of the writ petition.

Heard learned counsel for the parties.

This writ petition has been filed by the petitioner, a Cooperative Society, registered under the provisions of the Rajasthan Cooperative Societies Act, 2001 (for short ''the Act''), assailing order dated 17.10.13 passed by the Rajasthan State Cooperative Tribunal, Jaipur (''the Tribunal''), whereby order dated 6.8.12 passed by the Additional Registrar, Cooperative Societies, Udaipur in exercise of the power conferred under Section 30(2) of the Act removing the respondent No. 2 from the posts of Chairperson and Member of the Management Committee of Kachher Dugdh Utpadak Sahakari Samiti Limited, Kachher (hereinafter referred to as "Primary Society") and the order dated 21.8.12 passed by the Institutional Development Officer, Rajasthan Cooperative Dairy Federation Limited (RCDF) removing the respondent No. 2 from the posts of Director and Chairperson of Udaipur District Dugdh Utpadak Sahakari Sangh Limited, Udaipur, (''Sahakari Sangh'') stand set aside.

The relevant facts in nutshell are that one Shri Sandeep Kumar Lakshkar lodged an FIR before the Anti-Corruption Bureau, Udaipur alleging demand of illegal gratification by the respondent No. 2-Smt. Geeta Patel, the Chairperson of the Sahakari Sangh. On the basis of the complaint lodged, a trap was arranged and the respondent No. 2 was caught red handed accepting the bribe. Accordingly, a case was registered against the respondent No. 2 for commission of offence under Section 7, 13(1)(d) & 13(2) of the Prevention of Corruption Act, 1988 (for short "the Act of 1988") and the investigation commenced. The respondent No. 2 was arrested and later released on bail by the criminal court of competent jurisdiction. The Managing Director of the Sahakari Sangh reported the incident to the Additional Registrar, Cooperative Societies vide report dated 3.7.12. The Additional Registrar, Cooperative Societies in its turn initiated the proceedings for removal of the respondent No. 2 from the posts of Member and the Chairperson of the Management Committee of the Primary Society vide notice dated 9.7.12 issued in exercise of the power conferred under Section 30 of the Act. After due consideration of the reply to the notice filed on behalf of the respondent No. 2 and other material on record, the Additional Registrar, Cooperative Societies, Udaipur vide order dated 6.8.12 directed removal of the respondent No. 2 from the posts of the Member and Chairperson of the Management Committee of the Primary Society. Aggrieved thereby, the respondent No. 2 preferred a writ petition being No. 8424/12 before this Court which stood dismissed vide order dated 22.8.12.

Since the respondent No. 2 was elected as Director and Chairperson of the Sahakari Sangh by virtue of her being the Chairperson of the Primary Society, vide order dated 21.8.12 passed by the Institutional Development Officer, RCDF, the respondent No. 2 was removed from the posts of Director and Chairperson of the Board of Directors of the Sahakari Sangh as well. Aggrieved thereby, the respondent No. 2 preferred an appeal under Section 105 of the Act before the Tribunal. The Tribunal while deciding the appeal preferred by the respondent No. 2 as aforesaid, proceeded to set aside the order dated 6.8.12 passed by the Additional Registrar, Cooperative Societies removing the respondent No. 2 from the office of the Member and Chairperson of the Management Committee of the Primary Society as also the order dated 21.8.12 passed by the Institutional Development Officer, RCDF removing the respondent No. 2 from the office of the Director and Chairperson of the Board of Directors of the Sahakari Sangh.

Vide order dated 20.12.13, this court while admitting the writ petition, passed the interim order in favour of the petitioner in the following terms:

"In the meanwhile and until further orders, the effect and operation of the impugned order dated 17.10.13 passed by the Rajasthan State Cooperative Tribunal, Jaipur in Appeal No. 104/12, shall remain stayed."

It is brought on record that after passing of the interim order as aforesaid, during the pendency of the writ petition, the Special Appeal preferred by the respondent No. 2 against the order dated 22.8.12 passed by the writ court, dismissing the writ petition preferred questioning the legality of order dated 6.8.12 passed by the Additional Registrar, Cooperative Societies, Udaipur has been allowed by a Bench of this court vide order dated 7.4.14 and the order dated 6.8.12 stands quashed and consequently, the position of the respondent No. 2 as Member and Chairperson of Management Committee of the Primary Society, stands restored.

Learned counsel for the petitioner submitted that serious allegations of illegal gratification are pending investigation against the respondent No. 2 and therefore, she cannot be continued in the office as Member and Chairperson of the Board of the Directors of the Sahakari Sangh. Learned counsel submitted that indisputably, the respondent No. 2 was removed from the posts of Member and Chairperson of the Management Committee of the Primary Society and consequent thereto, she has been removed from the posts of the Director and Chairperson of the Sahakari Sangh. Learned counsel would submit that as a matter of fact the order impugned was obtained by the respondent No. 2 while keeping the Tribunal in dark regarding the legality of the order dated 6.8.12 being upheld by this Court vide order dated 22.8.12 passed in Writ Petition No. 8424/12. Learned counsel submitted that even otherwise, the order impugned setting aside the order dated 6.8.12 has been passed by the Tribunal without there being challenge to the said order in the appeal and therefore, apparently it suffers from the jurisdictional error and deserves to be set aside by this Court. Learned counsel submitted that of course, the order dated 6.8.12 stands quashed by the Division Bench of this court but on that account, the illegality crept in the order passed by the Tribunal does not stand wiped out and therefore, the order impugned is not sustainable in the eyes of law.

On the other hand, the counsel appearing for the respondent No. 2 submitted that it is not in dispute that order dated 21.8.12 was passed by the authority concerned as a consequence of the order dated 6.8.12 passed by the Additional Registrar, Cooperative Societies and since the order dated 6.8.12 stands quashed by the Division Bench of this court, the order dated 21.8.12 also cannot survive and the respondent No. 2 is entitled to be reinstated as the Chairperson of Sahakari Sangh. Learned counsel submitted that even in the criminal case of alleged illegal gratification, a negative final report has already been filed by the Department of Anti Corruption, which is placed on record as Annexure R2/4 and therefore, the very foundation of the orders impugned passed against the respondent No. 2 does not survive.

I have considered the rival submissions and perused the material on record.

It is true that the legality of order dated 6.8.12 passed by the Additional Registrar, Cooperative Societies, Udaipur in exercise of the power conferred under Section 30(2) of the Act removing the respondent No. 2 from the posts of Chairperson and Member of Management Committee of Primary Society was not impugned before the Tribunal rather, the validity thereof, was upheld by the writ court vide order dated 22.8.12. But, the fact remains that the said order dated 22.8.12 passed by the writ court stands set aside by a Bench of this court vide order dated 7.4.14 and the order dated 6.8.12 passed by the Additional Registrar, Cooperative Societies removing the respondent No. 2 from the posts of Chairperson and Member of the Primary Society, stands quashed. It is also not in dispute that the order dated 21.8.12 was passed by the Institutional Development Officer, RCDF, removing the respondent No. 2 from the post of Chairperson of Sahkari Sangh solely on the basis of order dated 6.8.12 passed by the Additional Registrar, Cooperative Societies inasmuch as, the respondent No. 2 was elected as Chairperson of Sahakari Sangh by virtue of her being elected as Chairperson of Primary Society. Obviously, the said order dated 6.8.12 passed by the Additional Registrar removing the respondent No. 2 from the posts of Chairperson and Member of the Primary Society having been quashed by a Bench of this court, the very foundation of the order dated 21.8.12 removing the respondent No. 2 from the post of Chairperson of Sahakari Sangh, does not survive.

Thus, in view of the subsequent event noticed as above, in the considered opinion of this court, the order impugned passed by the Tribunal, setting aside the order dated 21.8.12 passed by the Institutional Development Officer, RCDF removing the respondent No. 2 from the post of Chairperson of the Sahakari Sangh, does not warrant any interference by this court in exercise of its jurisdiction under Article 226/ 227 of the Constitution of India.

In the result, the writ petition fails, it is hereby dismissed. No order as to costs.