Rakesh Kumar Jain, J. - (1.) This order shall dispose of five petitions bearing CWP No. 11639 of 2016 - Parveen Jindal v. The State of Haryana and others (Ist Petition), CWP No.13557 of 2016 - Deepak Goyal v. The State of Haryana and others (2nd Petition), CWP No.13559 of 2016 - Subhash Chand Gupta v. The State of Haryana and others (3rd Petition), CWP No.13582 of 2016 - Satish Babu Goyal v. The State of Haryana and others (4th Petition) and CWP No.13720 of 2016 - Pankaj Gupta v. The State of Haryana and others (5th Petition), as issue involved in all the five cases is similar. However, for the sake of convenience, the facts are being extracted from the first petition.
(2.) The Vaish Education Society (Regd) has more than 15,000/- members. The members elected the collegium of 105 members, who had further elected the Governing Body of 21 members for the year 2014. A majority of the collegium held a Special General Meeting and dissolved the Governing Body which was constituted in the year 2014.
(3.) The Observer recommended to the District Registrar for fresh election of the Governing Body. The State Government, thereafter, appointed the Administrator to manage the affairs and to hold the elections of the Society. The Advisory Committee of five members was also appointed by the State Government on the recommendation of the Administrator for his assistance. The petitioner who is a collegium member was elected as the Manager of Vaish Institute of Management and Technology (VIMT) for the period from December, 2009 to December, 2012. The Administrator served a show cause notice to the petitioner on 29.4.2016 to explain his position in regard to the alleged misappropriation of funds of the VIMT as the petitioner has allegedly debited the funds of the Institute as expenses incurred in his personal capacity. The petitioner along with others filed CWP No.8930 of 2016 to challenge the validity of the show cause notice dated 29.4.2016. The said writ petition was disposed of by this Court on 3.5.2016 on the premise that since the petitioner has already filed his reply to the show cause notice, the Administrator would take decision on the notice within two days from the date of passing of the order and gave a liberty to the petitioner that in case any adverse order is passed by the Administrator, then the same could be challenged by him. It is submitted that the Administrator, thereafter, appointed the Inquiry Officer on 5.5.2016. The Inquiry Officer issued a notice on 7.5.2016 to join the inquiry proceedings and to appear on 14.5.2016 at 4:00 P.M. On 14.5.2016, the petitioner allegedly asked for certain documents, much less copy of complaint and audit report from the Inquiry Officer for the purpose of contesting the audit report on the basis of which allegation has been made against him of financial irregularities as the case of the petitioner is that the accounts for the years 2009-2012, when he was the Manager of the VIMT had already been audited by one Rakesh Gupta, Chartered Accountant and were found to be in order. The request of the petitioner was acceded to by the Inquiry Officer and the audit report was shown to him and was given to the petitioner but it is alleged that the other relevant documents were not given to him. The Inquiry Officer submitted his report on 24.5.2016 to the Administrator holding the petitioner guilty of financial irregularities on the basis of the report of Chartered Accountant Manmohan Gupta. Relying upon the said inquiry report, the Administrator has passed the impugned order on 25.5.2016 removing the petitioner from the membership of the Society.;