SOM NATH AND OTHERS Vs. THE DEPUTY REGISTRAR COOPERATIVE SOCIETIES, HOSHIARPUR AND OTHERS
LAWS(P&H)-2012-4-176
HIGH COURT OF PUNJAB AND HARYANA
Decided on April 18,2012

Som Nath and Others Appellant
VERSUS
The Deputy Registrar Cooperative Societies, Hoshiarpur And Others Respondents

JUDGEMENT

Satish Kumar Mittal, J. - (1.) This Letters Patent Appeal has been directed against the order dated 30.11.2011, passed by the learned Single Judge, whereby the writ petition (Civil Writ Petition No. 17340 of 2011) filed by appellants, namely Som Nath, Kusum Lata and Omkar Nath, and one Pardeep Kumar Bawa (proforma respondent No.7 herein) was dismissed as having been rendered infructuous, with liberty to the petitioners in the writ petition to avail the alternative remedies under law, if necessity so arises.
(2.) In the present case, the appellants as well as proforma respondent No.7 filed writ petition for quashing the order dated 2.2.2011 (Annexure P-4) passed by the Board of Directors of the Hoshiarpur Central Cooperative Bank Limited, Hoshiarpur (hereinafter referred to as 'the Cooperative Bank, Hoshiarpur'), to the extent of ordering de novo inquiry against them and appointment of the Chief Executive Officer of the Cooperative Bank, Hoshiarpur (respondent No.5) as Inquiry Officer. It was further prayed that a direction be issued to the Cooperative Bank, Hoshiarpur and its management to finalise the inquiry proceedings against them on the basis of the earlier inquiry report exonerating them of the charges levelled against them.
(3.) When the writ petition was taken up for hearing by the learned Single Judge, learned counsel for the respondents brought to the notice of the court that the de novo inquiry in the present case had already been concluded. Appellant No.1 had been awarded punishment of stoppage of three increments; proforma respondent No.7 Pardeep Kumar Bawa had been exonerated; appellant No.2 had been dismissed from service and the disciplinary action with regard to appellant No.3 was deferred. The learned Single Judge, while taking into consideration the fact that the enquiry had already been concluded and the necessary action has been taken, and further while observing that even the writ petition was not maintainable in the light of two judgments of this court, mentioned in the impugned order, dismissed the writ petition as having been rendered infructuous, with liberty to avail the alternative remedies under law, if necessity so arises.;


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