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High Court of DelhiW.P.(C)/5388/2014

Yogendra Kumar Goel & ORS v. Registrar, Cooperative Societies NCT Of Delhi & ORS

2015-11-042 pages

$~60 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 5388/2014 YOGENDRA KUMAR GOEL & ORS.

..... Petitioners Through : None.

versus REGISTRAR, COOPERATIVE SOCIETIES NCT OF DELHI & ORS.

..... Respondents Through : Sh. Anuj Aggarwal, ASC, with Ms. Niti Jain, Advocate for Respondent No.1.

Sh. J.N. Gupta, Advocate, for Respondent Nos. 2 and 3.

CORAM:

HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MS. JUSTICE DEEPA SHARMA

O R D E R

% 12.01.2016 On 11.09.2015, this Court was apprised of the fact that the Registrar Cooperative Societies [hereafter "RCS"] had appointed several Administrators who were discharging the said functions in relation to more than one cooperative societies. Accordingly, details of all Administrators appointed to various societies; dates of their initial appointments; the periods for which they continued as Administrators in respect of the societies, and the amounts of remuneration received was elicited. Subsequent orders showed that the Government [hereafter "GNCTD"] had not complied with the directions dated 11.09.2015. The affidavit of the GNCTD through the RCS is now on the record.

The affidavit has enclosed a chart disclosing names of 48

Administrators. In at least 14 instances, the individuals nominated or designated as Administrators are discharging such duties in relation to more than one societies and in some instances as many as three cooperative societies.

This practice is highly undesirable since the Administrator, as a serving officer of the GNCTD would be unable to effectively discharge his/her functions with respect to any given society if more than one such entity is entrusted to him or her. In the circumstances, the GNCTD is hereby directed to review the appointments and make a fresh order, ensuring that in respect of each society requiring appointment of an Administrator, the individual so nominated or designated does not discharge the statutory functions in respect of more than one society. It is also open to the GNCTD to explore the possibility and to the extent possible depute another officer to assist the Administrator to carry-out his/her tasks in a routine manner, for efficient performance of his functions. The RCS shall pass appropriate orders within three months.

No further orders are called for in view of the above directions. W.P.(C) 5388/2014 accordingly stands disposed of. Order dasti.

S. RAVINDRA BHAT, J DEEPA SHARMA, J JANUARY 12, 2016 'ajk'