CWP No.2278/2008 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. CWP No.2278/2008 Date of Decision: 19.2.2008 Gobind Ram Bansal and others ............. Petitioners Versus Financial Commissioner (Cooperation)Punjab and others. ..............Respondents. CORAM:HON'BLE MR.JUSTICE JASBIR SINGH HON'BLE MR.JUSTICE JASWANT SINGH Present:- Sh.,MS Kang Advocate for the petitioners. Sh.AS Grewal,Addl.AG Punjab for respondents 1 to 3. Sh.Yogesh Goel,Advocate for private respondents. ***** JASBIR SINGH, J.(ORAL) Matter herein pertains to the suspension of 'Managing Committee' of Ludhiana Aggarwala Cooperative House Building Society Ltd., Aggar Nagar, Ludhiana. It is apparent from the records that on a complaint made with regard to ommissions and commissions committed by members of the Managing Committee, enquiry was instituted by the Assistant Registrar, Cooperative Societies, Ludhiana (West) and during pendency of enquiry vide order dated 4.10.2007 (P-1), the Managing Committee, of which the petitioners are members, was put under suspension by exercising powers under Section 27(2) of the Punjab Cooperative Societies Act,1961, and an Administrator was also appointed to run affairs of the abovesaid Society. Matter went to various forums and ultimately appeal filed by the petitioners was dismissed by the Deputy Registrar, Cooperative Societies, Ludhiana, vide order dated 30.1.2008 ( P-7) by opining that against interim CWP No.2278/2008 2 order, appeal was not competent. Petitioners went in revision before respondent no.1-Financial Commissioner (Cooperation)Punjab, which was also dismissed by stating that it was not maintainable before that officer, rather revision petition lies before the Registrar, Cooperative Societies, Punjab. It is also apparent from the record that vide order Annexure P-1, petitioners were also asked to file reply to the allegations levelled against them before the Assistant Registrar, Cooperative Societies, Ludhiana (W). They are yet to file the reply. Heard. Keeping in view facts and circumstances of the case, we dispose of this writ petition with a direction to the petitioners to file reply before the Assistant Registrar, Cooperative Societies,Ludhiana (W) within a period of one week. The officer concerned shall thereafter dispose of the matter, as per law and taking into consideration the provisions of Punjab Cooperative Societies Act, 1961. It is made clear that the order be passed after completing all the formalities within a period of three weeks after the submission of reply by the petitioners. With a view to settle equities between the parties, it is further directed that operation of the order dated 4.10.2007 (P-1), suspending the Managing Committee, be kept in abeyance till final order is passed in appeal, by Assistant Registrar, Cooperative Societies,Ludhiana(W). It is made clear that the Managing Commitee, during the intervening period shall not take any policy decision, including entering into any contract with regard to any work of the Society; shall not spend any amount of the society except for payment of salaries to its employees and to satisfy day-to- CWP No.2278/2008 3 day needs of the society; and shall not sell any property of the society. The writ petition stands disposed of accordingly. (Jasbir Singh) Judge 19.2.2008 (Jaswant Singh) joshi Judge