JUDGMENT

Mr. Pankaj Jain, J. (Oral)

Present writ petition has been preferred for quashing of order dated 08.03.2016 (Annexure P-8), that dated 02.02.2015 (Annexure P-7) and Resolution dated 13.11.2014 (Annexure P-4) whereby the appointment of the petitioner to the post of Salesman stands annulled.

2. Respondent No. 4-Kauhrian Multi Purpose Cooperative Agricultural Service Society Ltd., Kauhrian, Sunam wanted to fill post of Salesman lying vacant in the Society. The Managing Committee of the Society vide Annexure P-2 constituted a Selection Committee in terms of Rule 5(1) of the PUNJAB STATE CO-OPERATIVE AGRICULTURAL SERVICE SOCIETIES SERVICE RULES , 1997. The Constitution of the Selection Committee as per the Resolution dated 07.10.2014 (placed on record as Annexure P-2) reads as under:

"So, as per the above Rule the following Selection Committee is constituted for appointing a Salesman on temporary basis:-

1. Gurtej Singh, President

2. Vakil Singh, Committee Member

3. Jagdish Singh, Committee Member

Either the Assistant Registrar, cooperative Societies, Sunam or he may appoint someone government nominee on his behalf. Through this resolution the Assistant registrar, Cooperative Societies, Sunam is requested that either he himself participate in the Selection Committee or appoint some government nominee on his behalf. Approved."

3. Assistant Registrar vide communication dated 16.10.2014 appointed one Baljit Singh Inspector Cooperative Societies, Mehlan as his nominee to participate in the aforesaid Selection Committee. Selection Committee met on 13.11.2014 and selected the petitioner as a suitable candidate to be appointed as Salesman. The petitioner joined on 18.11.2014. Resolution to the said effect was passed by the Managing Committee on 01.12.2014 and forwarded to the Assistant Registrar. However, Assistant Registrar submitted a report that the Resolution dated 13.11.2014 was not as per the Rules. The same having been passed in violation of Rule 80 of the Punjab Cooperative Societies Act was liable to be set aside. Acting upon the report, Deputy Registrar vide order dated 02.02.2015 set aside the Resolution dated 13.11.2014. The same was taken in revision by the petitioner. Revision stands dismissed holding as under:

"I have heard the arguments of the counsels and perused the record. From the record it is revealed that no intimation was given either to the Assistant Registrar or his nominee regarding the holding of meeting of the Selection Committee fixed for 13.11.2014. Therefore, it is proved that the meeting was held in violation of Rule 80 and thus the resolution passed on 13.11.2014 has rightly been cancelled by the Deputy Registrar. I also agree that under the Service Rules it is the Managing Committee who is competent to make an appointment and not the Selection Committee. Though vide resolution dated 1.12.2014 the Managing Committee had granted the approval but the fact remains that the petitioner had joined the society before 1.12.2014. The resolution dated 1.12.2014 cannot undo the wrong committed by the Selection Committee. In the resolution dated 13.11.2014 it has been clearly mentioned that "the employee be informed through post that the Selection Committee has appointed him as Salesman and he is required to submit his joining report to the President of the Society". This leaves no doubt that the petitioner was appointed by an incompetent authority and later on resolution dated 1.12.2014 was got passed from the Managing Committee for post facto approval. Since the meeting itself was held in violation of Rule 80 of the Punjab Cooperative Societies Rules, 1963, any business transacted therein stand