Salinder Singh And ANR. v. Joint Regisrar Cooperative Societies And ORS.

-1114 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision: 26.04.2022 Salinder Singh and others -Petitioners

Versus

Joint Registrar Cooperative Societies and others -Respondents CORAM: HON'BLE MR. JUSTICE RAJ MOHAN SINGH

Present:

Mr. Keshav Gupta, Advocate, for Mr. T.S. Hundal, Advocate, for the petitioners.

**** RAJ MOHAN SINGH, J. (Oral) Petitioners have preferred this petition for the issuance of an appropriate writ, order or direction especially in the nature of mandamus directing the respondents No.1 to 3 to take lawful action against private respondents No.4 to 7 in pursuance of enquiry report submitted by Deputy Registrar, Cooperative Societies, Hoshiarpur.

Learned counsel for the petitioners submits that the petitioners had moved a complaint against the private respondents before the Joint Registrar, Jalandhar for taking lawful action. The enquiry was conducted by the Deputy Registrar, Hoshiarpur.

According to the enquiry report, an amount of Rs.4,08,000/- was wrongfully withdrawn from the joint account

-2of Baldev Singh and Gurdial Singh in connivance with Bank Manager and other officials of the Bank. Against the enquiry report dated 15.11.2017, respondent No.4- Paramjit Singh, Bank Manager and one Baldev Singh (conspirator) filed a review application against the enquiry/order dated 15.11.2017 before the Joint Registrar, Cooperative Societies, Jalandhar. The said review application was dismissed by the Joint Registrar vide order dated 14.08.2018 on the ground of nonmaintainability. Despite the aforesaid factual position, no action was taken against the erring bank official.

Petitioners have already moved a representation in this context to respondents No.1 and 2 for taking administrative action against the erring bank officials.

In reply to the aforesaid representation, the Deputy Registrar has informed the petitioners that the Bank Officials have also filed review applications before the Registrar, Cooperative Societies and the same are pending. The aforesaid factual contention/stand taken by the Deputy Registrar was sought to be verified by way of invoking process of RTI. Now, information has been received by the petitioners that no such review applications were filed before the Registrar, Cooperative Societies, Punjab.

-3Precisely for the grievance in question, the petitioners have already moved a detailed representation dated 04.02.2020 before respondents No.1 to 3 for taking lawful action against the bank officials, but till date, respondents No.1 to 3 have not taken any action in accordance with law.

Notice of motion.

On the asking of the Court, Mr. C.L. Pawar, Sr. D.A.G., Punjab accepts notice on behalf of respondents No.1 to 3.

In view of nature of order which this Court proposes to pass, there is no necessity of calling upon response from the respondents at this stage, as no order prejudicial to the interest of any party is being passed.

Without meaning anything on the merits of the case, this writ petition is disposed of with a direction to respondents No.1 to 3 to have a glance over the pending representation dated 04.02.2020 and act in accordance with law without being influenced by any statement of fact made hereinabove, preferably within a period of two months from the date of receipt of certified copy of this order.

26.04.2022 (RAJ MOHAN SINGH) Jyoti Sharma JUDGE Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No