CWP No.11498 of 2010.doc - 1 – HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CWP No.11498 of 2010 (O&M) Date of Decision: 02.07.2010 **** Hawa Singh . . . . Petitioner VS. Special Secretary to Govt. of Haryana, Cooperation Department & 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. Balkar Singh, Advocate for the petitioner ***** SURYA KANT J. (ORAL) (1). The petitioner seeks quashing of the orders dated 04.12.2007 and 22.03.2010 (Annexure P5 and P6, respectively), whereby, recovery of Rs.58798.50/- is sought to be effected from him. The petitioner also seeks a restraint order against the respondents for not effecting any recovery from him. (2). Shorn of the details, the petitioner is a former Secretary of The Kandela Credit and Service Society Ltd. and is presently posted at The Jind Cooperative Societies Bank. The husband of CWP No.11498 of 2010.doc - 2 – respondent NO.4 late Rampal Singh was a Salesman in “The Kandela Credit and Service Society Ltd.” and was also responsible for the sale of fertilizer to the farmers. The husband of respondent No.4 late Rampal Singh fell seriously ill and was got admitted in a private hospital w.e.f. 04.08.2005 to 26.08.2005. As his condition got deteriorated, Ram Pal Singh was transferred to Maharaja Agarsain Hospital at Jind on 27.08.2005 where he unfortunately passed away on 6th September, 2005. During his illness and hospitalization, Ram Pal Singh gave the charge of Salesmanship along with keys and fertilizer to the petitioner who was the Secretary of the Society. After the death of Rampal Singh and on verification of the stock, a shortage of fertilizer valuing Rs.58798.50 was detected and was ordered to be recovered from late Rampal Singh by the Assistant Registrar Cooperative Society, Jind, vide his order dated 24.05.2007 (Annexure P4). (3). The above-said order was challenged by respondent No.4 – wife of late Rampal Singh in an appeal before the Deputy Registrar Cooperative Societies, Rohtak who vide order dated 04.12.2007 (Annexure P5) allowed the appeal and CWP No.11498 of 2010.doc - 3 – held that the fertilizer was actually misappropriated by the petitioner. A direction was accordingly issued to refund Rs.58798.50 along with 12% interest to respondent No.4 with a further direction to recover the said amount separately from the petitioner and also to take disciplinary action against him. (4). Aggrieved, the petitioner preferred revision petition before the State Government which has also been dismissed vide order dated 22.03.2010. The Revisional Authority has observed as follows:- “……After hearing both the parties, I found merit in the contention of respondent No.1. It is apparent from medical report/medical bill and death certificate that husband of the respondent No.1 was ill and admitted in hospital since 4.8.2005. There is no attendance marked after 3.8.2005 in attendance register and there is sale of fertilizer on or after 4.8.2005. If the keys are with the deceased Ram Pal even after his death, how there is sale of fertilizer of 76 kg urea on 23.8.2005. It is clear that keys were with the petitioner because the keys of the godown remain either with the salesman or in his absence keys shall be with the Secretary of the Society.” (5). Still aggrieved the petitioner has approached this Court. CWP No.11498 of 2010.doc - 4 – (6). I have heard the learned counsel for the petitioner and perused the record. In my considered view no case to interfere with the concurrent findings of fact returned by the authorities under Cooperative Societies Act by this Court in exercise of its writ jurisdiction, is made out. There is no denial to the fact that late Rampal Singh was seriously ill and remained hospitalized from 04.08.2005 to 06.09.2005. While struggling for life, how could it be possible for him to sell 76 kg urea on a particular date i.e. on 23rd August, 2005? The authorities have held and the petitioner has not been able to show otherwise that the disputed quantity of urea has been sold during the period of illness/hospitalization of late Ram Pal Singh. (7). Dismissed. (SURYA KANT) JUDGE 02.07.2010 vishal shonkar