Himachal Pradesh High Court
Mitter Dev Sharma vs Registrar Of Societies And Others on 31 August, 2023
Author: Sandeep Sharma
Bench: Sandeep Sharma
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CWP No. 2724 of 2023
Date of Decision: August 31, 2023
__________________________________________________________________
.
Mitter Dev Sharma ......... Petitioner
Versus
Registrar of Societies and others .......Respondents
Coram
Hon'ble Mr. Justice Sandeep Sharma, Judge.
Whether approved for reporting?
of
For the petitioner: Mr. Naresh K. Verma, Advocate.
For the Respondents: Mr. Rajan Kahol, Mr. Vishal Panwar and Mr. B.C. Verma,
Additional Advocates General with Mr. Ravi Chauhan,
rt Deputy Advocate General, for respondents Nos. 1, 2 and
5.
Mr. Mohan Sharma, Advocate, for respondents Nos. 3
and 4.
_________________________________________________________________________
Sandeep Sharma, J. (Oral)
Since, no enquiry was being conducted on the complaint of petitioner with regard to alleged financial irregularities committed by respondent Nos.3 and 4, petitioner approached this court in the instant proceedings filed under Art. 226 of the Constitution of India, praying therein, for following relief "i. That the respondent No. 1 & 2 may be directed, after taking into consideration, the detailed representation (Annexure P-28) to appoint an Administrator to manage the affairs of the respondent NO.3 Society in accordance with section 41 of the Himachal Pradesh Societies Registration Act, 2006.
::: Downloaded on - 31/08/2023 20:33:56 :::CIS 2ii. That the respondent No.1 & 2 may be directed to hold an inquiry into the financial irregularities committed by the respondent Nos. 3 & 4 in accordance with the Section 39 of the Himachal Pradesh .
Societies Registration Act, 2006.
iii. That for the purposes of the inquiry, the respondent Nos. 1 & 2 may further be directed to seize the records of respondent No.3 Society as there is every likelihood of tempering or destruction of the of record.
iv. That respondent Nos. 1 & 2 may further be directed to recover rt an amount of Rs.38,00,000/- from the respondent No.4, which was paid as an advance to him for the sale of land in favour of the Society along with interest @ 12% per annum from the date of the payment.
v. That the respondent Nos. 1 & 2 may further be directed to make recoveries of the unauthorized and illegal payments of salaries paid to the employees, who are not attending to their duties but salaries are being paid to them in accordance with Section 40 of the Himachal Pradesh Societies Registration Act, 2006.
vi. That the respondent Nos. 3 & 4 may further be directed to make available all records of the Society for inspection to every member of the Society including the petitioner in accordance Section 32 of the Himachal Pradesh Societies Registration Act, 2006. "
2. Precisely, grouse of the petitioner, as has been highlighted in the petition and further canvassed by Mr. Naresh Kumar Verma, learned counsel for the petitioner is ::: Downloaded on - 31/08/2023 20:33:56 :::CIS 3 that a detailed representation (Annexure P-28) was filed to Sub Divisional Magistrate-cum-Deputy Registrar Co-operative Societies, Karsog, District Mandi to initiate enquiry under Ss. 39, 40 and 41 of HP Societies Registration Act, 2006 .
against erring members of Society for their having allegedly committed financial irregularities. but neither in terms of prayer made in the representation, Administrator to manage the affairs of respondent No.3 Society has been appointed nor, steps if any, have been taken to conduct the enquiry.
of
3. Pursuant to notices issued in the instant petition, respondent No. 1 to 4 have filed reply, perusal whereof clearly reveals that Tehsildar Karsog was appointed as rt an Administrator to manage the affairs of the Society vide Order No. KSG-
MC/2014-4911-16 dated 20.9.2014 for a period of one month and subsequently vide order No. KSG-MC/2014-5280-85, dated 17.10.2014, period of Administrator was continued till disposal of the case (Annexure R-1). It has been stated in the application that the complaints regarding mismanagement and financial irregularities were duly received and having taken note of allegations contained in the same, enquiry is in progress.
4. Since, it is quite apparent from reply filed by respondent Nos. 1 and 2, that pursuant to complaints made by the petitioner, enquiry is in progress, there appears to be no justification to keep present petition alive and same is disposed of with direction to Registrar Co-operative Societies/Registrar of Societies to conclude the enquiry expeditiously, preferably within a period of four weeks and thereafter if need be, an Administrator be appointed to look after affairs of the company. Needless to say, authority concerned, while doing needful in terms of instant order shall afford ::: Downloaded on - 31/08/2023 20:33:56 :::CIS 4 an opportunity of hearing to the petitioner/complainant as well as society and members against whom allegations have been made.
5. Learned counsel for the petitioner as well as private respondents undertake .
to cause presence of their respective clients before Registrar Co-operative Societies/Registrar of Societies, Himachal Pradesh Shimla on 6.9.2023, enabling it to conclude enquiry proceedings within the time stipulated by this court. Till conclusion of enquiry proceedings, interim order dated 11.5.2023, shall remain in of force.
6. The petition stands disposed of in the afore terms alongwith all pending applications.
rt (Sandeep Sharma) Judge August 31, 2023 (Vikrant) ::: Downloaded on - 31/08/2023 20:33:56 :::CIS