Iqbaljit Singh v. State Of Punjab And ORS

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Date of decision: - 16.02.2021 Iqbaljit Singh, President Selection Committee ....Petitioner

Versus

State of Punjab and others .....Respondents CORAM : HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI Present:- Mr. Harbans Sharma, Advocate for the petitioner.

Ms. Sunint Kaur, AAG, Punjab.

(keeping in view the advance copy given).

**** HARSIMRAN SINGH SETHI , J. (ORAL) In the present writ petition, petitioner is challening the order dated 28.12.2020 (Annexure P-7) passed by respondent No.5, wherein, certain recommedations have been made by the Assistant Registrar, Cooperative Societies Malout, District Sri Muktsar Sahib for the consideration of the same by the Deputy Registrar, Cooperative Societies, Sri Muktsar Sahib.

Learned counsel for the petitioner argues that though, there is no jurisdiction with the authorities under the service rules to impose any condition with regard to the appointment of an employee except that the officer of the Department of Cooperation or his nominee is to be included

-2in the selection committee, but in the present case, the respondents have exceeded their jurisdiction in restraining the Cooperative Societies in selecting the employees.

Learned counsel for the petitioner further submits that even the Deputy Registrar, Cooperative Societies, Sri Muktsar Sahib is not taking any final decision on the recommendations dated 28.12.2020 (Annexure P-7) and non-action on the part of the Deputy Registrar, Cooperative Societies, Sri Muktsar Sahib is causing prejudice to the society as the society is in dire need of an employee. Notice of motion.

Keeping in view the advance copy given, Ms. Sunint Kaur, Assistant Advocate General, Punjab, accepts notice on behalf of the respondent-State.

Learned State counsel submits that she has instructions to submit that office of the Deputy Registrar, Cooperative Societies, Sri Muktsar Sahib was vacant for quite some time and has been filled up today only and she has further instruction that the appropriate decision will be taken by the Deputy Registrar, Cooperative Societies, Sri Muktsar Sahib on the recommendations dated 28.12.2020 (Annexure P-7) within a period of two weeks from today by passing an appropriate speaking order and the grievance of the petitioner will be kept in mind while passing the said order with regard to the jurisdiction of the officer in restraining the Cooperative Societies in selecting a person.

Learned counsel for the petitioner submits that in view of the statement of the learned State counsel that the appropriate consideration

-3will be given by the Deputy Registrar, Cooperative Societies, Sri Muktsar Sahib by passing an appropriate speaking order within a period of two weeks from today, the grievance of the petitioner as raised in the present writ petition stands redressed and therefore, he does not want to press this petition any further.

Ordered accordingly.

( HARSIMRAN SINGH SETHI ) February 16, 2021 JUDGE naresh.k Whether reasoned/speaking?

Yes Whether reportable?

No