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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
HARPREET SINGH BRAR
Balbir Singh – Appellant
Versus
Registrar Cooperative Societies – Respondent
JUDGMENT :
HARPREET SINGH BRAR, J.
1. The present civil writ petition has been filed under Articles 226/227 of the Constitution of India for issuance of a writ in the nature of certiorari for quashing the inquiry report dated 04.10.2017 (Annexure P-6) conducted and submitted by respondent No.2 on the directions issued by respondent No.1.
2. Learned counsel for the petitioner inter alia contends that the petitioner was appointed as Salesman on 10.10.1983 in respondent No.4- Society. On 31.01.2017, after rendering a satisfactory service of more than three decades, the petitioner superannuated on the same date. One complaint (Annexure P-1) was given by respondent No.6 on the eve of the retirement of the petitioner. Admittedly, prior to that there was no pending charge sheet or disciplinary proceedings. The procedure for filing application is provided under Section 50 of the Punjab State Co-operative Societies Act, 1961 (hereinafter referred to as ‘the Act’). The perusal of the same indicates that Registrar-respondent No.1 may on his own or on the application of the majority of the Committee can hold an inquiry either himself or direct someone to hold an inquiry into the constitution work
Writ petitions against private co-operative societies are not maintainable under Article 226 unless they demonstrate public authority status.
Suspension of an employee under the Andhra Pradesh Cooperative Societies Act must adhere to due process and jurisdictional authority, failing which it is deemed illegal.
Suspension of an employee under the Andhra Pradesh Cooperative Societies Act must follow due process, including issuing a charge-sheet and conducting a proper inquiry.
Point of Law - The principle to be applied is that there must be a injuria sine damnum and not the damnum sine injuria for taking a legal action and a legal recourse. A damage suffered has to be coup....
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