HARJIT SINGH Vs. JOINT SECRETARY COOPERATION (APPEALS)

JUDGEMENT

(1.) Petitioner-Harjit Singh had filed the present writ petition challenging the order dated 25.5.1995 (P.8) passed by respondent No. 1-Joint Secretary (Appeals) thereby setting aside the order dated 28.10.1994 (P.6) as well as order dated 04.11.1993 (P.3) passed by the Joint Registrar and Deputy Registrar, Cooperative Societies, Punjab vide which the order dated 20.5.1993 (P.1) passed by Managing Director, The Hoshiarpur District Cooperative Milk Producers Union Ltd, Hoshiarpur dismissing said Harjit Singh were set aside.

(2.) It is pertinent to notice here that the petitioner died during the pendency of the present petition on 29.2016 and his L.Rs (Wife and three daughters) have since been impleaded as party vide order dated 11.5.2016 to pursue the same. For the sake of convenience, the reference shall be made to the petitioner instead of L.Rs.

(3.) Learned counsel for the petitioner contends that the impugned order dated 25.5.1995 (P.8) passed by respondent No. 1-Joint Secretary while entertaining a revision petition under Section 69 of the Cooperative Societies Act, 1961 (for short "1961 Act") at the instance of respondent No. 3 is wholly erroneous and liable to be set aside in view of the fact that the petitioner was dismissed from the post of Helper-cum-Cleaner by the then Managing Director of respondent No. 3 vide order dated 20.5.1993 (P.1) without issuing any charge sheet and conducting of any inquiry as per Punjab State Cooperative Milk Producers' Federation Limited Employees Service (Non-Common Cadre) Rules, 1985 (for short "1985 Rules") and thus the same were rightly set aside vide orders (P.3) as upheld vide (P.6).