Research › Search › Judgment

Punjab High Court · body

2001 DIGILAW 424 (PNJ)

Sewa Singh v. Assistant Registrar, Co-operative Societies, Tarn Taran, Distt. Amritsar

2001-04-17

MEHTAB S.GILL

body2001
JUDGMENT Mehtab Singh Gill, J. - The petitioners have prayed for the issuance of a writ in the nature of Certorari for quashing order dated 12.9.2000 (Annexure P-8) and for further quashing notice dated 12.9.2000 (Annexure P-7). 2. The petitioners have averred that they are the elected members of the Managing Committee of the Sanghar Kot Cooperative Agricultural Service Society Limited (hereinafter called the Society). The election of the Committee took place in December, 1999. The office bearers were also elected. The petitioners further averred that they belong to the Congress Party and some members of the Managing Committee, who were also members of the Akali Party and were in minority were putting hurdles in the functioning of the Society. The Society passed a resolution on 1.6.2000, authorising Sh. Sukhdev Raj, Salesman of the Society to obtain a Bank draft for Rs. 1.90 lacs and to purchase stock of urea fertiliser from the branch of Markfed at Tarn Taran. The Salesman after preparing the draft, lifted a stock of 900 bags of fertiliser from Markfed godown, Tarn Taran on 3.6.2000. These bags were unloaded in the godown of the Society on 4.6.2000, which was a Sunday. There was a public holiday on 5.6.2000, declared by the Punjab Government. Some members of the Managing Committee belonging to the Akali Party approached respondent No. 3, Minister of Co-operation, Punjab. Respondent No. 3 gave instructions to the Sub Divisional Magistrate, Tarn Taran, the Assistant Registrar, Co-operative Society, Amritsar and the Tehsildar, Tarn Taran, to check the godown of the Society. The above officers went to the godown of the Society and broke open the lock on 4.6.2000, in the absence of the employees of the Managing Committee of the Society. Some bags were weighed. A sample was taken. Shortage of 600 kgs. of urea fertiliser was recorded. The Managing Committee asked the Salesman to make good the loss and the Salesman deposited Rs. 1314/- on account of the price of shortage of six bags of urea fertiliser. 3. A show cause notice dated 3.7.2000, was issued by the Assistant Registrar, Co-operative Society, Tarn Taran (Annexure P-1). In reply to the show cause notice, the President of the Society said that Salesman Sh. Sukhdev Raj, who was on extension, had been retired from service of the Society and the price of six bags of urea fertiliser had since been recovered from him. In reply to the show cause notice, the President of the Society said that Salesman Sh. Sukhdev Raj, who was on extension, had been retired from service of the Society and the price of six bags of urea fertiliser had since been recovered from him. Further in the reply, it was stated that the stock of fertiliser was received less in weight from the godown of Markfed. The Managing Committee had not committed any fraud or error and if the responsibility was that of the Salesman, he had already been retired and the amount of shortage was recovered from him. Copy of the reply is dated 27.7.2000 (Annexure P-5). The Assistant Registrar, i.e. respondent No. 1 again being not satisfied with the reply, issued a show cause notice dated 12.9.2000 (Annexure P-7). Without waiting for the reply, respondent No. 1, the Assistant Registrar, put the Managing Committee under suspension. The order of suspension of the Managing Committee is also dated 12.9.2000 (Annexure P-8). 4. Notice of motion was issued. Respondents filed the reply. 5. I have heard the learned Counsel for the petitioners and the respondents, perused the petition, written statement and annexures attached thereto. 6. At the very outset, the learned Counsel for the petitioners has drawn my attention to the show cause notice Annexure P-8. As per the show cause notice Annexure P-8, the Managing Committee was going to be suspended as it was not ready to take action regarding the shortage of fertiliser. I have gone through Annexure P-5 dated 27.7.2000, Annexure P-6 dated 4.8.2000, wherein the Society has given its reply that Salesman Sh. Sukhdev Raj had been retired from service and the value of shortage had been recovered from the Salesman and the Secretary had no concern with the transaction. Annexure P-5 reply given by the Society and Annexure P-6 resolution passed by it were in reply to the show cause notice dated 3.7.2000, Annexure P-1. For two months, the Assistant Registrar, respondent No. 1 kept quit but later on his wisdom gave another show cause notice dated 12.9.2000 (Annexure P-8). In the written statement filed by respondent No. 1 i.e. Assistant Registrar, he has stated in para 4 that in the checking of the fertiliser, six bags were weighed, which had shortage of 2 to 4 kgs. per bag. The report is attached as Annexure R-1/T with the written statement. In the written statement filed by respondent No. 1 i.e. Assistant Registrar, he has stated in para 4 that in the checking of the fertiliser, six bags were weighed, which had shortage of 2 to 4 kgs. per bag. The report is attached as Annexure R-1/T with the written statement. Further it has been admitted by respondent No. 1 that the shortage amounting to Rs. 1314/- was got deposited by the Salesman with the office of the Society. Going through document Annexure R/4/1 attached to the reply of respondent No. 4, it is amply clear that respondent No. 1, at that moment, when he went to inspect the godown of the Society in his report stated that Secretary and Salesman are liable. Annexure R-4/1, is reproduced as under :- "Today on 4.6.2000 on the verbal instructions of Shri Ranjit Singh Brahmpura, Honble Minister for Co-operative, Sub Division Magistrate, Tarn Taran, Tehsil Tarn Taran, Assistant Registrar, Co-operative Societies, Tarn Taran (Additional Duty) visited village Sanghar Kot for the inquiry of the complaint made alongwith above. The undersigned and the respectables were also present. In the absence of the Secretary of the Society, the locks of the Society were broken in the presence of President of the Society, above officials and the respectables of the surroundings. The weighing scale of the Society was not available there, therefore, the same was brought from the house of the President. Ten bags of fertiliser lying in the stock were weighed by the above officials and it was found that six bags of Urea were under weight. The weight of the bags are : 48.400, 48.800, 50.000, 50.000, 50.000, 47.800, 46.900, 49.150, 50.000, 48.700. As such, the liability of Secretary and the Salesman was fixed and it was proposed to terminate them." Going through the documents attached with the petition and the written statement, no where it has come out that the petitioner Managing Committee was hand in glove with the Salesman or the Secretary. On 4.6.2000, the Salesman had brought the fertiliser from the Marked godown, Tarn Taran to the premises of the Society and as 5.6.2000, was a holiday, the Managing Committee could not have checked the fertiliser before it was to be distributed. On 4.6.2000, the Salesman had brought the fertiliser from the Marked godown, Tarn Taran to the premises of the Society and as 5.6.2000, was a holiday, the Managing Committee could not have checked the fertiliser before it was to be distributed. The respondents came to the premises of the Society on 4.6.2000 before the Managing Committee could have physical verification of the fertiliser done, I cannot find any fault with the Managing Committee. If there was any shortage, it was purely due to the negligence of the Salesman, who had brought the fertiliser from Tarn Taran to village Sanghar Kot, wherein the Society had its godown. 7. The petitioners have been put to unnecessary harassment and inconvenience for which respondent No. 1, Assistant Registrar, Co-operative Societies, Tarn Taran, District Amritsar, is solely responsible. Therefore, I award compensation of Rs. 2,000/- to each of the five petitioners, the total of which comes to Rs. 10,000/-. The Assistant Registrar, Co-operative Societies, Tarn Taran will be personally liable to make the payment of compensation to the petitioners as observed above. With these observations, I quash show cause notice dated 12.9.2000, Annexure P-7 and the order dated 12.9.2000, Annexure P-8. Parties to bear their own costs. Petition allowed.