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2015 DIGILAW 164 (UTT)

S. JAGIR SINGH v. STATE OF UTTARAKHAND

2015-03-23

SERVESH KUMAR GUPTA

body2015
JUDGMENT : Hon’ble Servesh Kumar Gupta, J. A complaint was made by Smt. Namita Gupta, the Secretary of the Society, known as S. Jagir Singh Educational Society running Delhi Public School at Kashipur, Distt. U.S. Nagar, (for brevity, hereinafter will be referred as ‘the Society’), revealing a number of irregularities and the corrupt means which were in vogue by its President. By means of several misdeeds allegedly committed by S. Jagir Singh, he had reduced the status of the Society to be exclusively autocratic in his hands by way of impleading all his close blood relations as the members of executive body of such Society. Those relations were included even the minor daughter and the son studying in the remote province of India or even abroad. 2. When this complaint was submitted to the competent officer on 22.9.2014, Smt. Namita Gupta was subjected to sundry harassments, inasmuch as to the extent of atrocities and sexual advances to outrage her modesty by the President S. Jagir Singh. So, she was impelled to resign from the post of Secretary. 3. The authority concerned, under the Societies Registration Act, called for the explanation of S. Jagir Singh, which he submitted and thereafter, the order dated 20.11.2014 was passed referring the matter to the Sub Divisional Magistrate/Joint Magistrate of the area for proper enquiry. The Sub Divisional Magistrate issued notice on 17.12.2014 and asked S. Jagir Singh to remain present in person for replying the allegations levelled against him. 4. S. Jagir Singh then, filed his preliminary objection on 29.12.2014 to the effect that the allegations, by no way, relate to the election of office bearers of society, so such matter could not have been referred to the Sub Divisional Magistrate for enquiry. Being convinced, the Sub Divisional Magistrate sent the file back to the Deputy Registrar, Societies, on 31.12.2014, but again, such Registrar made order dated 2.2.2015, referring to the provisions of Sections 24 and 25(1)(a) Explanation I of the Societies Registration Act and thus, asked the Magistrate concerned to conduct the enquiry. 5. The Sub Divisional Magistrate, instead of conducting the enquiry himself, referred the matter to the Tehsildar vide order dated 10.3.2015, and who, in turn, as reported, has referred the matter to the Kanungo. 6. 5. The Sub Divisional Magistrate, instead of conducting the enquiry himself, referred the matter to the Tehsildar vide order dated 10.3.2015, and who, in turn, as reported, has referred the matter to the Kanungo. 6. Having heard learned counsel for the petitioner, this Court feels that reference of matter by the Deputy Registrar of Societies vide order dated 02.02.2015, u/s 24 and 25(1)(a) of the Societies Registration Act, was quite well within his powers, but the Sub Divisional Magistrate did not have any power to refer the matter, in turn, to the Tehsildar for making enquiry in the matter, all the more, its reference by Tehsildar to the concerned Kanungo is a far cry. 7. In such circumstances, the order dated 10.3.2015 passed by the Sub Divisional Magistrate, making reference of matter to the Tehsildar, is hereby set aside. The Sub Divisional Magistrate/Joint Magistrate is directed to hold an enquiry in the matter very expeditiously but not later than three weeks from the date of receiving the order of this Court. The enquiry shall be made as regards the allegations made by Smt. Namita Gupta against S. Jagir Singh. The further action subsequent to such enquiry be put into action as contemplated under the provisions of the relevant Act. 8. This disposes of the writ petition finally at the admission stage itself. 9. Petitioner is directed to serve a copy of this order to the concerned Sub Divisional Magistrate within four days.