IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. L.P.A. No. 748 of 2011 (O&M) Date of Decision: April 26, 2011 The Jajja Multipurpose Cooperative Agricultural Service Society Ltd. …Appellant Versus Suman Kumar and others …Respondents CORAM: CORAM: CORAM: CORAM: HON'BLE M HON'BLE M HON'BLE M HON'BLE MR. JUSTICE M.M. . JUSTICE M.M. . JUSTICE M.M. . JUSTICE M.M. KUMAR KUMAR KUMAR KUMAR HON'BLE M HON'BLE M HON'BLE M HON'BLE MR. JUSTICE . JUSTICE . JUSTICE . JUSTICE T.P.S. MANN T.P.S. MANN T.P.S. MANN T.P.S. MANN Present: Mr. Dharam Vir Sharma, Senior Advocate, with Ms. Shivani Sharma, Advocate, for the appellant. 1. To be referred to the Reporters or not? 2. Whether the judgment should be reported in the Digest? M.M. KUMAR M.M. KUMAR M.M. KUMAR M.M. KUMAR, J.J.J.J. 1. This appeal under Clause X of the Letters Patent is directed against the judgment dated 24.2.2011 rendered by the learned Single Judge holding that the order dated 23.11.2009 (P-8), passed by the Financial Commissioner (Cooperation), Punjab, is unsustainable in so far as it directed ensuring of disciplinary action against the writ petitioner-respondent No. 1 by the competent authority under the relevant rules. The learned Single Judge has also returned categorical finding that the Deputy Registrar had admittedly issued letter dated 15.9.2004 (P-1) that an incorrect information furnished by some un-known source that the writ petition of the Society had been dismissed by the High L.P.A. No. 748 of 2011 (O&M) 2 Court. It has further been held that no finding has been recorded by any authority that the aforesaid letter was motivated or issued for extraneous consideration at the instance of the writ petitioner-respondent No. 1. The mistake was ractified at the earliest by issuing a letter subsequently on 29.9.2994 (P-3) which was in continuation of the earlier letter. Despite that rectification a charge sheet was issued against the petitioner-respondent No. 1 on 3.11.2004 because the appellant Society had an axe to grind against the petitioner-respondent No. 1, who had succeeded in the first round of litigation and was held entitled for reinstatement in service along with consequential benefits besides continuity in service. The learned Single Judge goes on to observe that neither letter dated 15.9.2004 nor the other letter dated 29.9.2004 authored by the Deputy Registrar, Cooperative Societies, Hoshiarpur, are forged or fabricated documents and their genuineness is beyond doubt. The misconduct was not attributable to the petitioner-respondent No. 1, which may warrant termination of his services by the appellant Society. Accordingly, the offending portion of the order dated 23.11.2009 (P-8) passed by the Financial Commissioner (Cooperation), Punjab, was quashed along with liberty to the appellant Society to impose a minor punishment on the petitioner-respondent No. 1 causing no financial loss to him. The aforesaid direction has been issued for the reason that the petitioner-respondent No. 1 has been reinstated without any back wages. 2. We have heard learned counsel at a considerable length and are of the view that the findings recorded by the L.P.A. No. 748 of 2011 (O&M) 3 learned Single Judge do not warrant interference. We find that a rationale view has been taken and on account of earlier litigation reinstating the petitioner-respondent No. 1 in service the appellant Society has assumed ill-motives and tried to deprive the petitioner-respondent No. 1 the fruit of that litigation. It has come on record that both the letters dated 15.9.2004 and 29.9.2004 were owned by the Deputy Registrar to have been written by him. There is not a whisper that the petitioner- respondent No. 1 was instrumental in getting the wrong information communicated to the appellant Society. We find no ground to admit the appeal, which is devoid of any merit. Accordingly, the appeal fails and the same is dismissed. (M.M. KUMAR) (M.M. KUMAR) (M.M. KUMAR) (M.M. KUMAR) JUDGE JUDGE JUDGE JUDGE (T.P.S. MANN) (T.P.S. MANN) (T.P.S. MANN) (T.P.S. MANN) April 2 April 2 April 2 April 26, , , , 2011 2011 2011 2011 JUDGE JUDGE JUDGE JUDGE PKapoor