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2012 Supreme(P&H) 1004

IN THE HIGH COURT OF PUNJAB AND HARYANA
Before
The Hon’ble Mr. Justice Ranjit Singh
Civil Writ Petitioin No.21638 of 2010
Gurbax Kaur
v.
State of Punjab & Ors.
{Decided on 28/08/2012}

Advocates:
For the Petitioner:Mr. M.S. Kang, Advocate.
For the State: Ms. Sudeepti Sharma, DAG, Punjab.
For the Respondent Nos.6 to 8:Ms. Jyoti Sarin, Advocate,

Headnote:Punjab Co-operative Act, 1961, S.69--Revisional Jurisdiction--Government has conferred powers of Registrar on Additional Registrar to entertain revision petition and to decide the same in accordance with law--Obviously, thus, the Registrar would have power to entertain revision petition--Even joint Registrar is held to have jurisdiction to entertain revision petition. (Para 10)

JUDGMENT

Mr. Ranjit Singh, J.: - The petitioner has filed this writ petition for quashing order dated 26.6.2000, (Annexure P-3) and order dated 7.10.2010 (Annexure P-7) and thereafter for issuing direction to respondent No.2 to hear and decide the revision petition i.e. Annexure P-6 in accordance with law.

2. The petitioner is a Member of Powal Cooperative Agriculture Service Society Ltd, Powal (respondent No.4). The petitioner states that she has been getting loans from the Society regularly and was regular in returning the same. As per the petitioner, she was never advanced any loan, unless the earlier loan taken was cleared by her. On 2.7.1996, the petitioner took loan of Rs.14,000/- and after returning the same, she took another loan of Rs.2200/- on 8.2.1997 and yet another loan of Rs.14080/- on 5.2.1997. Similarly, she took another loans, reference to which is made in the petition.

3. Parkash Chand was the Secretary of the Society, who had issued certain bills regarding some fertilizer bags of urea and DAP. Husband of the petitioner was getting this fertilizer and the sale was duly entered in the register of the Society. Secretary, Parkash Chand, died and dispute arose regarding return of the loan amount before taking fertilizer loan in June 1999. It is alleged that Parkash Chand did not enter the recovery receipt from the petitioner in the cash book nor deposited the same in the concerned Branch of the Cooperative Bank. As per the petitioner, he had misappropriated the said amount.

4. Since the dispute arose between the petitioner and the Society, the matter was referred to the Arbitrator, who found that the petitioner had returned the loan. This award was set-aside on an appeal and the Society was directed to raise a dispute against the petitioner and against L.Rs of Parkash Chand. Reference was made by the Society for recovery of Rs.64,380/- as principal and Rs.36,620/- as interest and further Rs.10,100/- also as interest, making a total of Rs.1,11,100/-.

5. Respondent No.3 appointed Inspector, Milk Supply, Hoshiarpur, as Arbitrator, who gave his award on 4.8.2004. The Arbitrator held the petitioner liable to pay the amount to the Society but exonerated late Parkash Chand. As per the petitioner, this award is based on no evidence. The petitioner accordingly filed an appeal against this award, which was accepted on 27.7.2006 and L.Rs of late Secretary Parkash Chand were held liable to pay the amount to the Society.

6. This time, L.Rs of late Secretary Parkash Chand challenged the appellate order by filing a revision before Secretary, Cooperation. However, this revision petition was sent to the office of R.C.S, Punjab, in view of the law laid down by this Court in Kamal Pal Vs. The Additional Registrar (I) Cooperative Societies, Punjab and others, 2001(2) PLJ 454. The revision petition was then entrusted to the Additional Registrar (D), who allowed the same on 28.8.2008 and remanded the case to respondent No.3 for fresh decision of the appeal after giving due effective opportunity of hearing to the parties. The appeal thereafter remained pending before the Appellate Authority, who ordered an enquiry to be made into it but before getting the result, set-aside the appellate order, Annexure P-2. The appeal filed by the petitioner against this order was rejected on 31.3.2010, whereafter the petitioner approached respondent No.2 by filing a revision petition under Section 69 of the Punjab Co-operative Societies Act (for short, “the Act”) for settingaside the order, Annexure P-5 and for restoring the order, Annexure P-2. The Special Secretary, Cooperation, has transferred the revision petition to R.C.S., Punjab, for decision vide his order dated 7.10.2010. The petitioner has challenged this order primarily on the ground that powers of the Registrar have been conferred on Assistant Registrars under Sections 55 and 56 of the Act in exercise of power under Section 3(3) of the Act. Respondent No.3 had appointed Arbitrator, exerc












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