- (1.) This order shall dispose of two Civil Writ Petitions i.e. Civil Writ Petition No. 21109 of 2010 (Harbant Singh versus State of Punjab and others), Civil Writ Petition No. 2020 of 2011 (Malkit Singh versus The Financial Commissioner(Revenue), Punjab, Chandigarh and others). The facts are being taken from Civil Writ Petition No. 21109 of 2010.
(2.) The petitioner who was working as Assistant Registrar (now Deputy Registrar) has challenged the order passed by the Registrar Cooperative Societies, Punjab, Chandigarh dated 10.11.2009 (Annexure P-11) whereby the petitioner has been fastened with recovery of amount recoverable from the Society (Kamal Brick-Kiln Workshop Cooperative Industrial Society Ltd., Bathinda) equally with the liquidator besides initiation of disciplinary action against him.
(3.) The said Brick-Kiln was registered in the year 1988 as Cooperative Society under the Punjab Cooperative Societies Act, 1961. The Grain Market Branch of the Bathinda Central Cooperative Bank Ltd. Bathinda advanced a loan of Rs. 4,70,000/- to the Society in the year 1991-92 which was required to be repaid by the Society. On 28.10.1994, the then Assistant Registrar on the basis of report of Inspector Cooperative Societies (Industrial) brought the Society under winding up. One Saudagar Singh, Inspector Cooperative Societies was appointed as the Liquidator. On 13.9.1996, the Punjab State Cooperative Bank Limited, Chandigarh of which the Bathinda Central Cooperative Bank Ltd. Bathinda is a member, issued instructions stating that the recovery of the amount from the society under winding up should first be adjusted towards the principal and thereafter towards interest and interest should be charged upto the date when the Society was brought under winding up. The matter was reviewed by the Registrar Cooperative Societies, Punjab and guidelines for liquidation of cooperative societies were issued on 06.06.2000. Liquidators were required to pay the claim against a Cooperative Society including interest upto the date of winding up. On transfer of Sh. Bhupinder Singh, Liquidator, one Sh. Balwinder Singh, Inspector Cooperative Societies was appointed in his place. On his appointment as Liquidator, he got published a notice in the Punjabi Tribune on 26.03.2008 inviting claims from the members, non-members, legal heirs of the deceased members, Audit Officer, Assistant Register Cooperative Societies and other local bodies against the Society which was under winding up including the Kamal Brick Kiln Workshop Cooperative Industrial Society Limited, Bathinda. In response to the public notice, only the Grain Market Branch of the Bank filed claim. The Branch Manager wrote a letter dated 20.07.2008 (Annexure P-6) that the principal amount and interest upto the date of winding up of the Society. The Liquidator of the Society wrote a letter that the principal amount and interest upto the date of winding up of Society has been deposited in the Bank and no other claim has been received.;