M.M.KUMAR, J. - (1.) THIS petition filed under Article 226 of the Constitution prays for quashing order dated 25.8.2003 (Annexure P.4) and partially quashing the order dated 3.12.2003 (Annexure P.12) to the extent that Deputy Registrar, Cooperative societies, Kurukshetra has upheld the rescinding of resolution dated 25.6.2003.
(2.) BRIEF facts of the case are that the petitioner society passed resolution No. 5 dated 25.6.2003 terminating the services of Smt. Saranjit Kaur, a clerk (respondent No. 4) working with the petitioner society. She received copy of the resolution dated 25.6.2003. She filed an application under Section 27 of the Haryana Cooperative Societies Act, 1984 before the Deputy Registrar, Cooperative Societies for rescinding the resolution dated 25.6.2003 passed by the petitioner. The Deputy Registrar, Cooperative Societies, stayed the resolution on 27.6.2003 and eventually the application filed by respondent No. 4 was allowed on 25.8.2003. The resolution dated 25.6.2003 passed by the petitioner society was set aside by the Deputy Registrar exercising his powers under Section 27 of the Act. He further directed the Assistant Registrar, Cooperative Societies for issuance of show cause notice for suspension and removal of the Managing Committee of the petitioner after suspending the society. Against the afore-mentioned order, the petitioner filed an application before the Deputy Registrar, Cooperative Societies, for placing on record the written reply and for decision on merits. The application was dismissed on 28.8.2003. Thereafter, the Managing Committee was suspended on 28.8.3003 under Section 34(2) of the Act and Board of Administrator was appointed comprising three Administrators for the management of the affairs of the society under Section 33 of the Act On 2.9.2003, the petitioner filed an appeal under Section 114 of the Act against the order passed by the Deputy Registrar, Cooperative Societies. It is asserted that no stay order was granted on the said application filed by the petitioner society which lead to the filing of CWP No. 14808 of 2003 in this Court. The said petition was disposed of on 18.9.2003 by issuing directions to the Registrar, Cooperative Societies to pass orders on the said application within two weeks. Eventually the Registrar, Cooperative Societies, stayed the operation of the order passed by the Deputy Registrar, Kurukshetra and issued direction on 23.10.2003 that status quo order was passed by the Registrar, Cooperative Societies. On 9.10.2003, the Administrator of the Society had convened a meeting of the Board of Administrators on 24.10.2003 for deciding agenda items. On 13.10.2003, the Deputy Registrar, Cooperative Societies directed the Administrators to release the salary of respondent No. 4, Clerk of the society for the period commencing from 25.6.2003 to 25.8.2003. The appeal filed by the petitioner society was disposed of on 3.12.2003 by the Registrar, Cooperative Societies and it was partially allowed by setting aside the finding given by the Deputy Registrar in the impugned order dated 25.8.2003 with regard to suspension of the Managing committee. However, the order dated 3.12.2003 in respect of respondent No. 4 was upheld. In other words, respondent No. 4 continues to be retained as Clerk as the resolution dated 25.6.2003 was partially rescinded and upheld.
(3.) MR . R.K. Gupta, learned counsel for the petitioner has argued that when the matter came up before this Court, that part of the order passed by the Deputy Registrar, Cooperative Societies was not subject matter of challenge in the writ petition whereby the resolution was rescinded in respect of respondent No. 4. According to the learned counsel even appeal before the Registrar, Cooperative Societies under Section 114 of the Act is not provided by the Act and in support of his contention, he has placed reliance on a judgement of this Court in the case of Kular Coop. Agri. Service Society Ltd v. Registrar, Coop. Societies, Punjab, 1997(2) RCR(Civil) 714 (P&H) : 1997(1) SCT 841 (P&H) : 1997(1) PLR 297.;