210 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-1007-2001 (O&M)

Date of decision: 09.12.2025 JASPAL SINGH ...Petitioner(s)

VERSUS JOINT REGISTRAR, COOPERATIVE SOCIETIES, FEROZEPUR AND OTHERS ...Respondent(s)

CORAM: HON'BLE MR. JUSTICE JASGURPREET SINGH PURI Present:- Mr. Tahaf Bains, Advocate for the petitioner.

Mr. Raghav Goel, AAG, Punjab.

Mr. Manbir Singh, Advocate for respondents No.3 and 4.

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JASGURPREET SINGH PURI, J. (Oral)

1. The present writ petition has been filed under Articles 226/227 of the Constitution of India, seeking issuance of a writ in the nature of certiorari for quashing the order dated 09.10.2000 (Annexure P-8) passed by the Joint Registrar, Cooperative Societies, Ferozepur Division, Ferozepur and the order dated 30.11.1998 (Annexure P-6), whereby the petitioner has been terminated from service.

2. Learned counsel for the petitioner while giving the facts of the present case submitted that the petitioner was working as a Salesman in respondent No.3-Cooperative Society, namely, the Nathuwala West Cooperative Agricultural Service Society Limited.He submitted that while the petitioner was working in the aforesaid Society, allegations of embezzlement of funds were levelled against him and in furtherance of the same, he was suspended in the year 1996 but thereafter, he was reinstated in service on 06.01.1998. He further submitted that allegations of embezzlement of the funds of the Society were levelled against the petitioner, pursuant to which which arbitration proceedings were initiated against him under Sections 55 and 56 of the Punjab Cooperative Societies Act, 1961 and various awards were passed against him, wherein he gave a statement that he will deposit the entire amount found due from him. He further submitted that there was no admission of guilt by the petitioner and the only concession he made in the arbitration proceedings was that he will deposit the entire amount found due from him.

3. Learned counsel for the petitioner further submitted that thereafter, the respondent-Cooperative Society vide Annexure P-6 dated 30.11.1998 passed a Resolution with the dissent of three members and terminated the petitioner from service on the aforesaid allegations of embezzlement and failure to hand over the records. He further submitted that the aforesaid Resolution was passed in violation of Rule 80 of the Punjab Cooperative Societies Rules, 1963, which provides that for passing of any Resolution, at least 15 days’ clear notice has to be given and a detailed procedure for the same has been so incorporated in the aforesaid Rule. He submitted that there has been a flagrant violation of the aforesaid Rule as no notice or any agenda was circulated in this regard and the aforesaid Resolution was passed in a single day, which was decided by three Members because it was a case of a political vendetta with a purpose to accommodate and appoint some other person, who was relative of a member of the Management Committee of the Society. He further submitted that not only was there a violation of Rule 80 of the Punjab Cooperative Societies Rules, 1963, but there was also violation of Rule 14 of the Punjab State Cooperative Agricultural Service Society Service Rules, 1997, which provides that when a major punishment is to be inflicted, a detailed procedure has to be followed by issuance of notice in writing by giving 15 days’ time to respond, an Enquiry Officer has to be appointed and a detailed enquiry has to be conducted but nothing of the sort was done at all and therefore, there was a wholesale violation of the statutory Rules under both Rule 80 of the Punjab Cooperative Societies Rules, 1963 and Rule 14 of the Punjab State Cooperative Agricultural Service Society Service Rules, 1997.

4. Learned counsel for the petitioner further submitted that the aforesaid Resolution passed by the Managing Committee of the Society was in total violation of law and was thereafter challenged by the petitioner by filing a statutor