- (1.) The Ferozshah Co-operative Agricultural Service Society (the petitioner) was directed to the wound up by the order of the Assistant Registrar Co-operative Societies, Ferozepore, and its liquidator, was appointed. Against this order the Society, lodged an appeal with the Secretary, Department of Co-operation, Punjab, but the same was returned by an order of the Under Secretary, Co-operation Department for presenting to the Registrar, Co-operative Societies, observing that the competent authority to deal with it was the Registrar. Aggrieved by this order dated the 21st October, 1969, the Society has approached this court under Article 227 of the Constitution. The short point for consideration relates to the forum of the appeal.
(2.) An appeal against an order of winding up of a Co-operative Society is provided under Section 68 of the Punjab Co-operative Societies Act. Sub-section (2) thereof as originally enacted, provided that if the decision was made by the Registrar, the appeal would lie to the Government and if it was made by any other person, the appeal shall be made to the Registrar. Section 68 has, however, been amended by Punjab Ordinance No. 10 of 1969, the Punjab Co-Operative Societies (Amendment) Ordinances, 1969, promulgated on 10th September, 1969. Sub-section (2) of section 68 as amended provides:- "68 (2). An appeal against any decision or order, under Sub-section (1) shall be made within sixty days from the date of decision or order. (a) If the decision or order was made by the Assistant Registrar, to the Deputy Registrar. (b) If the decision or order was made by the Deputy Registrar, to the Registrar or such Additional Registrar in this behalf; (c) If the decision or order was made by the Joint Registrar or Additional Registrar, to the Registrar. (d) If the decision or order was made by the Registrar, to the Government; (e) If the decision of order was made by other person, to the Registrar, or such Additional Registrar, or Joint Registrar, or Deputy Registrar, or Assistant Registrar, as may be authorized by the Registrar in this behalf". It is true that as a result of this amendment an appeal against an order of the Assistant Registrar, would lie to the Deputy Registrar. Mr. Kuldip Singh appearing for the petitioner has pointed out that the order of winding up was passed by the Assistant Registrar not in discharge of his ordinary powers as Assistant Registrar, but in exercise of his delegated authority as Registrar. This fact is not disputed. Under Section 57 of the Act, the authority to order the winding up of a Co-operative Society vests in the Registrar, and not in any officer subordinate to him. Under sub-section (2) of Section 3 of the Act, the Government has the authority to confer upon any person all or any powers of the Registrar, under this Act and it is in exercise of those powers that the order of winding up the petitioner society was passed by the Assistant Registrar in the case. Mr. Kuldip Singh has urged that in these circumstances, the order appealed against is in the eye of law, an order made by the Registrar, and as such an appeal against this order cannot be heard by the Registrar.
(3.) The situation that has arisen in this case is analogous to that which arose before their Lordships of the Supreme Court in Roop Chand V/s. The State of Punjab, 1963 65 PunLR 576. That was the case under the East Punjab Holding (Consolidation and Prevention of Fragmentation) Act, 20 of 1948. It was ruled therein the Government delegates its powers under the provisions of that Act to an officer and that officer in pursuance to such delegation, hears an appeal and makes an order, the order of the officer is the order of the Government and the Government cannot interfere with it in exercise of its revisional powers under Section 42 of the Act. Sarkar, J., delivering the majority judgment, dealt with the matter in these words:- "The question then arises, when the Government delegated its powers, for example, to entertain and decide an appeal under Section 21 (4) to an officer and the officer pursuant to such delegation hears the appeal and makes an order is the order of the officer or of the Government. The order made under a statutory power. It is the statute which creates that power. The power can, therefore, be exercised only in terms of the Statute, and not otherwise. In this case the power is created by Section 21(4). That Section gives a power to the Government. It would follow that an order made in exercise of the power will not be the order of the Government for no one else has the right under the statute to exercise the power. No doubt the Act enables the Government to delegates its power but such a power when delegated remains the power of the Government, for the Government only delegate the power given to it by the Statute and cannot create an independent power in the officer. When the delegatee exercise the power, he does so for the Government. It is of interest to observe here what Wills J. said in Hutch V/s. Clark, L.R.,1890 25 QBD 391, that "the word delegatee means little more than an agent". An agent of course exercises no powers of his own but only the powers of his principal. Therefore, an order passed by an officer on delegation to him under Section 21(1) of the power of the Government under Section 21 (4) is for the purposes of the Act, an order of the Government". In this view of the character of the order of delegated authority there can be little doubt that the order of winding up, against which the petitioner society had preferred an appeal was virtually an order of the Registrar, and as such the Registrar himself could not sit in judgment over that order and an appeal against it lay to the Government under Sub-section 2 (d) of Section 68 of the Act as amended by Punjab Ordinance 10 or 1969. The order of the Under Secretary to Government, Cooperation Department returning the Memorandum of appeal for presentation to the Registrar, Co-operative Societies is hereby quashed. The Respondent No. 1 is directed to entertain and dispose of the appeal in accordance with law. There will, however, be no order as to costs.;