Letters Patent Appeal No.880 of 2011 -1- **** IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Letters Patent Appeal No.880 of 2011 Date of decision: 5.8.2011 Baldev Kumar Aggarwal and others ...Appellants Versus Financial Commissioner (Cooperation), Punjab and others ...Respondents CORAM: HON'BLE MR.JUSTICE ADARSH KUMAR GOEL, ACTING CHIEF JUSTICE HON'BLE MR.JUSTICE AJAY KUMAR MITTAL Present: Ms. Jagdeep Bains, Advocate for the appellants. ADARSH KUMAR GOEL, ACJ. 1. This appeal has been preferred against the order of learned Single Judge dismissing the writ petition filed by respondents no.8 and 9 against an enquiry report Annexure P-5 on the issue of misutilisation of funds of Tagore Public School being run and managed by the Ludhiana Aggarwala Co-operative House Building Society Ltd. In the said report, the Additional Registrar (G), Cooperative Societies, Punjab reached a conclusion that a general body meeting should be held to take decision on the issue of opening of school and expenditure to run the same. 2. The appellants are also members of the Cooperative Society. The Cooperative Society had approached the Financial Commissioner (Cooperation), Punjab against the finding recorded in the enquiry report and the direction to hold a meeting. The Financial Commissioner, vide order dated 9.12.2010 held that though enquiry may not be interfered with, the Registrar, Cooperative Societies should hear the affected parties. Letters Patent Appeal No.880 of 2011 -2- **** 3. We have heard learned counsel for the appellants. 4. Contention raised on behalf of the appellants is that as a result of dismissal of the writ petition, the enquiry report become final which situation will be in conflict with the order of the Financial Commissioner dated 9.12.2010 directing the Registrar to hear the view point of interesting parties before acting on the enquiry report. The said order of the Financial Commissioner has become final. 5. We are unable to accept the submission. The order of the Financial Commissioner (Cooperation), Punjab dated 9.12.2010 has not been set aside or interfered with by the learned Single Judge. If learned Single Judge did not find any ground to interfere with the enquiry report, it cannot be read as quashing the order of the Financial Commissioner (Cooperation), Punjab dated 9.12.2010 directing the Registrar, Cooperative Societies, Punjab to give hearing to the affected parties before the enquiry report acted upon. The said order can still be complied with by the Registrar. 6. In view of above, we do not find any ground to interfere with the impugned order. The appeal is disposed of accordingly, without prejudice to the order of Financial Commissioner being complied with by the Registrar, Cooperative Societies. (Adarsh Kumar Goel) Acting Chief Justice August 05, 2011 (Ajay Kumar Mittal) Pka Judge