Punjab-Haryana High Court
Charan Singh Longia vs The Registrar, Co-Operative Societies ... on 24 February, 1995
Equivalent citations: (1995)110PLR318
JUDGMENT N.K. Kapoor, J.
1. Petitioner seeks quashing of order passed by the Assistant Registrar, Co-operative Societies, Annexure P-4, under Section 55/56 of the Punjab co-operative Societies Act as well as order of the executing Court, Annexure P-5, whereby it has been ordered that a sum of Rs. 400/- per month from the salary of the petitioner be attached towards the amount recoverable from him as determined vide order dated 12.12.1989.
2. The petitioner, Field Officer, working in the Punjab State Co-operative Supply and Marketing Federation Limited (for short 'MARKFED') was entrusted with the job of despatching stock of wheat to various stations. Since some irregularities were found in the working, a charge sheet was served upon him to which the petitioner filed reply and so the matter was enquired into by a regular Departmental Inquiry as provided under the Common Cadre Rules. According to the petitioner, he was exonerated as per report Annexure, he was exonerated as per report Annexure P-2. The disciplinary authority i.e. the Managing Director considered the enquiry report and passed an order holding report and passed an order holding that there was shortfall of 6 bags of wheat in the stock and so ordered that the cost of six bags be recovered from the petitioner. This orders is dated 8.8.1988, Annexure P-3. Since the petitioner had already been punished vide Annexure P-3, reference of dispute under Section 55/56 of the Punjab Cooperative Societies Act and the award passed by the Assistant Registrar, Cooperative Societies on 12.12.1989, Annexure P-4, and the order passed by the executing Court pursuance thereto is without jurisdiction, null and void, nonest and liable to be quashed.
3. Pursuance to the notice of motion issued by the Court, respondent No. 2 has put in appearance and filed written statement. By way of preliminary objection, it has been stated that the order Annexure P-4 passed by the Assistant Registrar, Co-operative Societies, is appealable under the Punjab Co-operative Societies Act, 1961. Since no appeal was filed by the petitioner, the same has become final. Similarly, the order passed by the Civil Court - the executing Court - is not amenable to the writ jurisdiction of this Court. The petitioner could legitimately raise objection as envisaged under Section 47 of the Code of Civil Procedure. Challenging the contention raised by the petitioner that no notice was issued to him by the Assistant Registrar, it has been asserted that this is factually wrong. In fact, the petitioner as well as Sukhdev Singh, the two delinquent officials, were asked to appear and state their case before an award is passed. Sukhdev Singh came present but the petitioner did not choose to appear. The matter remained pending for almost two years ultimately leading to the passing of the award Annexure P-4. Further refuting the contention of the petitioner that this latter award amounts to double jeopardy which to without any substance. In fact the bare perusal of the Annexure P-l and the claim petition Annexure R.2/3 clearly bring out that the subject matter of the disciplinary proceedings was different from the claim petition Annexure R-2/3. The claim petition relates to misappropriation of stock of wheat 451.45 qtls. whereas Annexure P. 1 relates to, reported shortage at the destination by the, authorities (from 9th; June, 1980 to 23rd August, 1980). It was thus prayed that the petition deserves to be dismissed.
4. We have heard learned counsel for the parties and perused the various documents referred to during the course of their submissions. The primary contention raised by the learned counsel for the petitioner is that the authorities having punished the petitioner on the basis of charge-sheet Annexure P-l, proceedings initiated under Section 55/56 of the Cooperative Societies Act amounts to punishing the petitioner twice for the same charge and for this precise reason the award of the Assistant Registrar, Annexure P-4, is unsustainable in law. The award of the Assistant Registrar is also otherwise unsustainable in law as no notice was issued to the petitioner and so such an award is non est. Consequently, the execution proceedings are also unsustainable.
5. We find no merit in the plea of the petitioner. A bare perusal of the charge-sheet reveals that the same related to the reported shortage by the destination authorities with regard to items despatched from 1.7.1980 to 19.8.1980. The enquiry officer exonerated the petitioner. The Managing Director, however, came to the conclusion that there was shortage of 6 bags and for which the petitioner was held responsible. He accordingly ordered that loss of these bags be recovered from the petitioner with a further warning to him to remain careful in future .The claim petition referred under Section 55/56 of the Co-operative Societies Act, 1961,related to embezzlement of wheat weighing 451.45 Qtls. So the Assistant Registrar with a view to determining and fix liability issued notice to Sarv Sh. Sukhdev Singh and C.S. Longia-petitioiner. Pursuance to notice issued by the Assistant Registrar, Sukhdev Singh put in appearance whereas Mr. C.S. Longia did not associate himself with the proceedings. Assistant Registrar on the basis of material placed before him came to the conclusion that there was shortage of wheat weighing 451.45 Qtls and Mr. Longia alone was responsible for this misappropriation.
6. We find no substance in the contention of the learned counsel for the petitioner that no notice was issued by the Assistant Registrar or that he was not served especially when Mr. Sukhdev Singh - the other respondent - came present and filed written statement and also participated in he proceedings conducted by the Assistant Registrar. Accordingly, we are of the view that reference sought by the respondent in terms of Section 55/56 of the Punjab Cooperative Societies Act was maintainable and award passed by the authorities under Section 55 and 56 of the Punjab Co-operative Societies Act is appealable under Section 68(l)(x) of the Punjab Co-operative Societies Act, 1961. In view of the alternative remedy, writ petition deserves to be dismissed on this ground alone. Not only this, after the passing of the award, the same has been made rule of the Court and is being executed as decree of the Civil Court. The petitioner could legitimately raise objection as permissible under law before the Executive Court in terms of Section 47 of the Code of Civil Procedure. Accordingly, we find no merit in this writ petition and consequently dismiss the same. The dismissal of this writ petition will, however, not debar the petitioner from challenging the order of the Assistant Registrar by way of Appeal. The delay in filing the appeal shall be considered by the appellate authority in terms of Section 5 read with Section 14 of the Limitation Act.