IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No. 2113 of 1989 Date of decision: 17th December, 2008 Bhiwani Central Cooperative Bank Limited … Petitioner Versus State of Haryana and others … Respondents CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. S.S. Dalal, Advocate for the petitioner. Mr. K.S. Godara, Deputy AG, Haryana for the State. Mr. C.R. Dahiya, Advocate for respondent No.3. KANWALJIT SINGH AHLUWALIA, J. (ORAL) In the present case, for the embezzlement/ misappropriation of Rs.1400/-, a punishment of stoppage of four increments with cumulative effect was awarded upon the delinquent employee. Aggrieved against the same, he had preferred a dispute under Section 102 and 103 of the Haryana Cooperative Societies Act, 1961 (hereinafter referred to as, ‘the Act’), and the dispute was decided by the Additional Registrar (Stores), Cooperative Societies, Haryana vide order (Annexure P-4). The Additional Registrar held that instead of stoppage of four increments, only increment for a period of six months should be stopped. Aggrieved against the same, petitioner Bhiwani Central Cooperative Bank Limited had filed an appeal under Section 114 of the Act. It was held therein that the dispute has been resolved by the lower Court under the provisions of Rule 27.4 of the Common Cadre Rules, 1975, which governs the services and establishment matters of the employees of the Central Cooperative Banks and in this regard, the Registrar, Cooperative Societies act as a final appellate authority. Therefore, the appeal will not lie against the orders of the Registrar, Cooperative Societies under Section 114 of the Act. Civil Writ Petition No.2113 of 1989 In the present case, punishment was awarded on 2nd September, 1985. The employee was placed under suspension on 16th June, 1983. 23 years are going to elapse. The employer still persists with the grievance that employee must be fastened with stoppage of four increments. Counsel for the petitioner has failed to state anything, as to what was the conduct of the employee in the last 23 years. The wounds, which by now have healed, ought not to be scratched. A harmonious, better and cordial relationship between the employer and employee should always be ensured. Mr. C.R. Dahiya appearing for the respondent No.3, i.e. the employee, submit that employee may have retired by now. Since the order passed by the Additional Registrar (Stores), Cooperative Societies Haryana, where it states that under Rule 27.4 (a), increment for six months should be stopped, cannot be accepted, as increment can only be stopped for one year, as after six months no increment accrue. Therefore, order (Annexure P-4 and P-5) are set aside. The matter is again remanded back to the Additional Registrar (Stores), Cooperative Societies, Haryana exercising the powers of the Registrar, Cooperative Societies Haryana, to decide the matter afresh, taking into consideration the observations made by this Court. The appeal already filed by the employee shall be treated as an appeal filed under Common Cadre Rules. The employee shall be given further opportunity to file additional grounds of appeal. With these observations, present writ petition is disposed off. [KANWALJIT SINGH AHLUWALIA] JUDGE December 17, 2008 rps 2