SHRI K.K. SHARMA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is the 4th petition in the series of petitions which have been filed by the petitioner in this Court for challenging the disciplinary proceedings initiated against him vide Memo dated 4.6.1981 (Annexure- I). The petitioner had filed C.W.P. No. 4965 of 1981 challenging the institution of departmental enquiry. That petition was dismissed as withdrawn on 2.11.1981 with the liberty to the petitioner to file a fresh petition. His second petition being C.W.P. No. 2927 of 1982 was dismissed by the court on the ground that despite observations made in the earlier order dated 2.11.1981, the petitioner did not file reply to the show cause notice. This petition filed by the petition being C.W.P. No. 184 of 1983 was dismissed as withdrawn with liberty to file a fresh one.

(2.) In the present petition also subject matter of challenge is the same chargesheet (Annexure P.1), which had been assailed by him in the three earlier writ petitions. The petitioner has tried to make out a case that the impugned chargesheet is without jurisdiction inasmuch as the departmental authorities are not entitled to initiate disciplinary action against him in respect of orders passed by the petitioner under Section 84 of the Punjab Cooperative Societies Act, 1961.

(3.) At the relevant time, the petitioner was working as Assistant Registrar, Cooperative Societies, Amritsar. While holding the post of assistant Registrar, the petitioner was enjoying powers of the Registrar under the Act of 1961. A dispute which arises between Sangatpura Cooperative Agricultural Society and one Harbans Singh became subject matter of arbitration under section 55 read with section 56 of 1961 Act. Shri Deep Chand, Inspector, Cooperative Societies, Chaugawan, was appointed as Arbitrator. The Arbitrator passed an award on 14.10.74. Against this award Shri Harbans Singh filed an appeal which was heard and decided by the petitioner. The petitioner modified the award in so far as it related to the award of interest to the Society. He also reduced the amount of costs from Rs.2000/- to Rs.250/-. The case of the petitioner is that the substratum of the eharge levelled against him relates to the quasi-judicial order passed by him under the Act of 1961 and that in view of the provisions contained in section 84 of 1961 Act is immune from any disciplinary action.