IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.W.P. No. 13222 of 2009 DATE OF DECISION : 28.08.2009 Randhir Singh .... PETITIONER Versus State of Punjab and others ..... RESPONDENTS CORAM :- HON'BLE MR. JUSTICE SATISH KUMAR MITTAL Present: Mr. I.S. Saggu, Advocate, for the petitioner. * * * SATISH KUMAR MITTAL , J. ( Oral ) The petitioner was working as Salesman with the Barmalipur Cooperative Agricultural Service Society Limited, Barmalipur, Tehsil and District Ludhiana (respondent No.4 herein). Vide resolution dated 10.6.2008, passed by the Managing Committee of the respondent society, after a departmental enquiry, he was dismissed from service. Against the said resolution, the petitioner filed an appeal under Rule 15 of the Punjab State Cooperative Service Societies Rules, 1997 (hereinafter referred to as `the Service Rules'), which was heard by the Deputy Registrar, Cooperative Societies, Ludhiana and vide order dated 18.2.2009, the appeal was allowed and the resolution dated 10.6.2008 regarding termination of the petitioner was set aside. Against the said order, the respondent society filed a revision CWP No. 13222 of 2009 -2- petition before the Joint Registrar, Cooperative Societies, Patiala Division, Patiala, under Rule 15 (ii) of the Service Rules. Vide order dated 31.3.2009, the revision petition was allowed and the order of the Appellate Authority was set aside. Against the said order, the petitioner filed revision petition before the Government, under Section 69 of the Punjab Cooperative Societies Act, 1961 (hereinafter referred to as `the Act'). Vide impugned order dated 11.8.2009, the order dated 31.3.2009 has been set aside while observing as under : “Both the learned counsels have been heard. I agree with the arguments of the learned counsel for the petitioner that the order passed by the Joint Registrar, Patiala under Rule 15 (ii) of the Rules 1997 is beyond his jurisdiction because the provision of Rule 15 (ii) has been withdrawn by the Registrar Cooperative Societies, Punjab, Chandigarh vide letter No. Credit/C.A.5/Service Rules/570-571 dated 20.01.2007. Therefore, I set aside the order dated 31.03.2009 passed by the Joint Registrar Cooperative Societies, Patiala. As per the judgment passed by the Punjab & Haryana High Court reported in 2001 (2) PLJ 455 – Kamal Pal V/s Additional Registrar Cooperative Societies, Punjab and others, the order passed in appeal by the Deputy Registrar against the said revision petition u/s 69 of the Act is maintainable before the Registrar Cooperative Societies, Punjab. Therefore, the respondent No.3- Society if so desire can challenge the order dated 18.02.2009 passed by the Deputy Registrar Cooperative Societies, Ludhiana under Section 69 of the Act by way of filing a revision petition before the Registrar Cooperative Societies, Punjab. Because the petitioner has committed various CWP No. 13222 of 2009 -3- irregularities in the funds of the society, therefore, keeping in view the principle of natural justice the order dated 18.02.2009 passed by the Deputy Registrar, Cooperative Societies, Ludhiana is stayed for 60 days from the date of receipt of copy of this order in the office of Registrar Cooperative Societies, Punjab or from the date of filing of the revision petition by the society, whichever is earlier. In this case order was reserved on 04.08.2009, which has been written today on 11.08.2009. Concerned parties be informed and one copy of the said order be sent to Registrar Cooperative Societies, Punjab.” While setting aside the order dated 31.3.2009, passed by the Joint Registrar on the ground that in view of the deletion of Rule 15 (ii) of the Service Rules, the Joint Registrar was having no jurisdiction to entertain this petition, the order dated 18.2.2009, passed by the Deputy Registrar, Cooperative Societies, Ludhiana, has been stayed for 60 days from the date of receipt of copy of the order or till the date of filing of revision petition by the respondent society, whichever is earlier. Learned counsel for the petitioner submits that even if the aforesaid impugned order is upheld, then at least a direction be issued to the revisional authority to consider and decide the application for stay to be filed by the respondent society against the order passed by the Deputy Registrar, within a reasonable time, after providing an opportunity of hearing to the petitioner. In my opinion, the alternative submission made by learned counsel for the petitioner is reasonable. CWP No. 13222 of 2009 -4- In view of the above, this petition is disposed of with a direction that if the revision petition is filed by the respondent society within the time granted vide impugned order, before the Registrar, Co-operative Societies, Punjab, under Section 69 of the Act, with an application for staying the order of the Appellate Authority, the Registrar, Co-operative Societies, Punjab, is directed to decide the stay application within a period of 15 days, after providing an opportunity of hearing to the petitioner. August 28, 2009 ( SATISH KUMAR MITTAL ) ndj JUDGE