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2000 Supreme(P&H) 1208
REGISTRAR, COOPERATIVE SOCIETIES PUNJAB
Kulwant Singh, Registrar.
Jagtar Singh - Petitioner
Versus
The Tehsildar, Raikot - Respondents
Petition No. 297 of 1999.
Decided On : 4 October, 2000
For the Petitoner :Smt. Jagdeep Bains, Advocate.
For the Respondent:Mr. Amar Singh, Advocate.
The main legal point established in the judgment is the court's authority to issue directions to create a congenial working environment and manage society records in cases involving contempt of court and disputes within cooperative societies.
Headnote:
Contempt of Courts Act - Violation of Orders - Contempt of Courts Act 1971, Section 2(b), 10, 12 - Punjab Cooperative Societies Act, 1961, Section 28, 63, 69
Fact of the Case:
The petitioner sought punishment for the respondents under the Contempt of Courts Act, 1971 for violating orders of the Registrar, Cooperative Societies, Punjab. The case involved a dispute between the petitioner and the Managing Committee of the Nathowal Cooperative Agricultural Service Society regarding the petitioner's termination, reinstatement, and access to society records.
Finding of the Court:
The court found that the petitioner had been reinstated and the Managing Committee had apologized for their lapses. It emphasized the need to create a congenial working environment and issued directions for the President of CASS, Nathowal to summon an urgent meeting and for the joint custody of society records.
Issues: Violation of orders, contempt of court, reinstatement of the petitioner, access to society records, and creating a congenial working environment.
Ratio Decidendi: The court's decision was based on the reinstatement of the petitioner, the apology of the Managing Committee, and the need to establish a congenial working environment within the society.
Final Decision: The petition under Contempt of Courts Act, 1971 and the petition under Section 69 of Punjab Cooperative Societies Act were allowed, and the court issued specific directions to create a congenial working environment and manage society records.
Kulwant Singh, Registrar - This petition has been filed under Section 2(b), read with Sections 10 and 12 of the Contempt of Courts Act 1971. The petitioner has prayed that respondents may be punished for violating orders of 23.9.1999 of the Registrar, Cooperative Societies, Punjab.
2. Brief facts of the case are that petitioner joined the services of the Nathowal Cooperative Agricultural Service Society (hereinafter referred to as the Society) on 5.8.1976. He was promoted as Secretary of the Society, on 13.12.1978. The Managing Committee of the Society suspended the petitioner on 25.7.1997 and served him a charge-sheet on 5.8.1997. The petitioner replied to the charge-sheet on 19.8.1997. The Managing Committee terminated the services of the petitioner on 20.9.1997, allegedly on the basis of no evidence.
3. The petitioner challenged the orders of termination in an appeal before the Deputy Registrar, Cooperative Societies, Ludhiana, who vide his orders of 19.2.1999 accepted the same and set aside the orders of termination. However, the Society filed a revision petition before the Joint Registrar, Cooperative Societies, Patiala against the order of 19.2.1999 of the Deputy Registrar, Cooperative Societies, Ludhiana. While the revision petition was pending, the Managing Committee of the Society was suspended and an administrator was appointed on 25.6.1999. The petitioner reported for duty on 26.6.1999.
4. The Society obtained an interim stay orders against suspension of its Managing Committee from the Punjab and Haryana High Court. On reinstatement, the Managing Committee of the Society again terminated the services of the petitioner on 2.8.1999.
5. The Joint Registrar, Cooperative Societies, Patiala upheld the order of 19.2.1999 of the Deputy Registrar, Cooperative Societies, Ludhiana. The Joint Registrar, Cooperative Societies, Patiala also held that the second order of termination of petitioner was illegal and, therefore, the petitioner be reinstated with full back wages.
6. The Society preferred a revision petition before the Registrar, Cooperative Societies, Punjab against the order of the Joint Registrar, Cooperative Societies, Patiala of 17.8.1999. The Registrar, Cooperative Societies, Punjab issued notice on this revision petition on 30.8.1999 but did not grant any stay of the Society. The petitioner has stated that though he was legally entitled to resume his duties, the Society did not allow him to work as Secretary. Instead, the Society moved an application before the Assistant Registrar, Cooperative Societies, Jagraon on 13.9.1999 for issuing search warrants against the petitioner. These warrants were issued allegedly contrary to the provisions of Section 28 of the Punjab Cooperative Societies Act, 1961. These were aimed to procure the record from the Secretary. The petitioner has stated that as per the bye-laws of the Society, the record should be in the custody of the Secretary. Since, he was duly reinstated, there were no reasons for him to hand over the record. The petitioner also apprehended that the Society would tamper with the record to defeat the claim of the petitioner.
7. The petitioner filed a petition under Sections 63 and 69 of the Punjab Cooperative Societies Act, 1961 before the Registrar, Cooperative Societies, Punjab on 23.9.1999, seeking execution of orders passed by the Deputy Registrar, Cooperative Societies, Ludhiana on 19.2.1999 and upheld by the Joint Registrar, Cooperative Societies, Patiala on 17.8.1999. It was prayed in this petition that operation of search warrants issued by the Assistant Registrar, Cooperative Societies, Jagraon may be stayed. Notice on this petition was issued and further action on search warrants was stayed on 23.9.1999 because all previous orders were in favour of petitioner and revision proceedings were pending in this Court. These orders were conveyed to the respondents vide endorsement No. RCS/EAR/CL/270 dated 23.9.1999. The petitioner also submitted a copy of st
