CWP No.18210 of 2010.doc - 1 – HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CWP No.18210 of 2010 Date of Decision: 16.12.2010 **** Arshdeep Singh . . . . Petitioner VS. State of Punjab & Ors. . . . . . Respondents **** CORAM : HON’BLE MR.JUSTICE SURYA KANT **** 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? **** Present: Mr. TPS Tung, Advocate for the petitioner Mr. HS Brar, Addl. AG Punjab Mr. HS Bedi, Advocate for respondents NO.6&7 Mr. MS Bedi, Advocate for respondent No.8 ***** SURYA KANT J. (ORAL) (1). The petitioner has approached this Court being aggrieved of his non-appointment on compassionate grounds which he sought on account of the untimely demise of his father on 2nd May, 2009, who was working as Secretary with respondent No.6 - Society. (2). Suffice it to observe that the petitioner was denied appointment by the respondent-Society on the ground that certain recoveries were to be effected from his deceased father. (3). The petitioner, on the other hand, requested the Society to adjust the recoveries against the ex gratia CWP No.18210 of 2010.doc - 2 – and other terminal benefits to which the Legal Representatives of the deceased employee are entitled to. The petitioner also pointed out that instead of appointing him on compassionate grounds, the President of the respondent-Society (respondent No.7) has appointed respondent No.8 who is the grandson of real brother of respondent No.7. (4). In this factual backdrop, the following order was passed by this Court on 07.10.2010:- “….Prima facie, the appointment of respondent No.8 being through backdoor entry, operation of the appointment letter of respondent No.8 is stayed and respondent No.6-Society is directed to relieve respondent No.8 from duties forthwith and file a compliance report by way of affidavit. The Registrar, Cooperative Societies, Punjab, is directed to hold a fact finding enquiry into the manner of running the affairs of the Society by respondent No.7 and submit a report.” (5). In deference thereto, the Deputy Registrar, Cooperative Societies, Punjab has submitted his report, the contents whereof have been read out by Mr. Brar. (6). The Enquiring Authority though has dealt with the issue of non-payment of the retiral dues of the deceased employee and/or non-appointment of the petitioner on compassionate grounds, the other vital CWP No.18210 of 2010.doc - 3 – issue, namely, appointment of respondent No.8 by the real brother of his grandfather is unfortunately conspicuously missing and has not been dealt with. (7). The petitioner has now been meanwhile given appointment as a Salesman by the respondent- Society. It is stated by counsel for the Society that the amount payable to the deceased employee has been adjusted against the recoveries to be effected from him and still a sum of about Rs.55000 is recoverable. (8). Counsel for the petitioner undertakes that the balance recoverable amount, if any, shall also be deposited by the petitioner within a period of one month from the date of communication of the exact amount. (9). In the light of these subsequent events, the first issue, namely, the petitioner’s entitlement for appointment on compassionate grounds no longer survives. (10). However, it is imperative upon the Registrar Cooperative Societies, Punjab to comply with the order dated 07.10.2010 in relation to the other issue, namely, the validity of appointment of respondent NO.8 by respondent No.7. (11). The writ petition is accordingly disposed of with a direction to the Registrar Cooperative Societies, CWP No.18210 of 2010.doc - 4 – Punjab to depute another Enquiry Officer to look into the validity and propriety of the appointment of respondent No.8. Till then the ad interim directions against the appointment of respondent No.8 shall continue to operate. (12). The enquiry proceedings shall be completed within a period of one month. If the enquiry officer conclusive holds that respondent No.8 has been validly appointed in a fair and transparent manner after considering the claim of other candidates on merits, then only the appointment of respondent No.8 shall be validated. However, if it is found that appointment of respondent No.8 is tainted for any reason, the Registrar, Cooperative Societies, Punjab shall take immediate remedial measures to cancel such appointment and/or take over the Management of the Society, if so required. (13). The appointment of the petitioner, however, shall not be affected by the outcome of the enquiry. (14). Ordered accordingly. Dasti. 16.12.2010 vishal shonkar (SURYA KANT) JUDGE