G.S.SANDHAWALIA J. - (1.) THE present writ petition has been filed under Article 226/227 of the Constitution of India for quashing of the orders dated 14.08.1991, Annexure P-4 whereby the Assistant Registrar, Cooperative Societies, Panipat had ordered the recovery of Rs.7497/- from the petitioner along with interest of 18% per annum from the date of embezzlement and the said order has been upheld in appeal on 23.03.1992(Annexure P-5) by the Deputy Registrar, Cooperative Societies, Karnal and subsequently, the revision was dismissed on 10.11.1993(Annexure P-6) by the Deputy Secretary, Cooperation, Haryana.
(2.) THE case of the petitioner is that while working as a Secretary of the respondent No.4-Society, the Society had initiated proceedings against Ajmer Singh, respondent No.5 who was working as Salesman in the said Society since Ajmer Singh had committed acts of omission and commission by defrauding the members of the Society and it was brought to the notice of the authorities that he was not performing his duties in accordance with the Act, Rules and bye laws. An explanation was sought by the petitioner from Ajmer Singh on 01.06.1990 (Annexure P-1) and he was asked to deposit the embezzled amount within 3 days. It was further pleaded that the matter was enquired into by the Sub-Inspector, Cooperative Societies, Jalmana and enquiry report dated 27.12.1990 was also submitted that the salesman-respondent No.5 had embezzled a sum of Rs.11,145/- by issuing fictitious cheques and copy of the same was sent to the Secretary for necessary action. Accordingly, a show cause notice was issued to the said salesman- respondent No.5 on 02.01.1991 (Annexure P-3) while placing reliance upon the report dated 27.12.1990 that his explanation had been found unsatisfactory and if he wanted to say anything, he should reply within 15 days after which legal action was to be taken. Reliance was also placed upon the resolution of the Society dated 28.10.1990 wherein it was resolved that Ajmer Singh had issued 3 cheques in the name of the members of the Society for Rs.11,145/- and not deposited the same and he had made a sale of fertilizer for a sum of Rs.9,246/- and deposited Rs.4,000/- and the balance amount of Rs.5,246/- was outstanding against him and thus, there was a dispute in the Society against Ajmer Singh and the Assistant Registrar was requested to decide the dispute under Sections 102 and 103 of the Haryana Cooperative Societies Act, 1984 (for brevity, 'the Act'). It was, accordingly, pleaded that in pursuance of the resolution, arbitration proceedings were initiated against Ajmer Singh by the Society under Section 102 of the Act and there was no reference against the petitioner but the Assistant Registrar wrongly impleaded the petitioner as a party suo moto and without giving any findings and without any reference by the Society, passed the order whereby liability was fixed upon the petitioner and the Assistant Registrar ordered recovery of Rs.7,457/- along with interest @ 18% per annum vide order dated 14.08.1991.
(3.) AS noticed above, the orders were upheld in appeal by the Deputy Registrar and thereafter, in revision by the Deputy Secretary, Cooperation, Haryana. Resultantly, the petitioner has filed the present writ petition on the ground that there was no reference against him under Section 102 of the Act, and therefore, the order of recovery is not sustainable against him.;