Hanuman Mangla Co-Operative ... vs Union Of India
1991 Latest Caselaw 697 Del

Citation : 1991 Latest Caselaw 697 Del
Judgement Date : 10 November, 1991

Delhi High Court

Hanuman Mangla Co-Operative ... vs Union Of India on 10 November, 1991

Equivalent citations: 46 (1992) DLT 142

Author: S Bhandare

Bench: S Bhandare, C Nayyar

JUDGMENT

Sunanda Bhandare, J.

(1) By this petition under Article 226 of the Constitution of India the petitioner prays that the order of the Registrar appointing Administrator and superseding the society passed on 31st July, 1990 be quashed. The main ground on which the petitioner seeks quashing of the order is that the petitioner was not given a copy of the report on the basis of which show cause notice dated 18.12,1889 was issued. It is not disputed by the learned Counsel for the respondent that copy of the inquiry report was not given. However, it is stated that no inquiry was held under Section 55 of the Delhi Co-operative Societies Act (for short Act) and only an inspection was carried out under Section 54 of the Act and on the basis of the inspection the respondent Registrar decided to pass the impugned orders.

(2) In our view, natural justice requires that before any order is passed either appointing an Administrator or superseding the society the report which is the basis of the order must be given to the Society. We find that no opportunity was given to the petitioner to dispute the report in the present case. It is submitted by the learned Counsel for the respondent that the Registrar passed the impugned order because the petitioner refused to co-operate and give the record of the society to the respondents. We consider it appropriate that the Registrar should consider the question of supersession of the society and appointment of the Administrator afresh after giving adequate opportunity to the petitioner. Accordingly, we direct that the Registrar will give the inspection report and other relevant documents to the petitioner within one week 143 from today. Thereafter, the petitioner will show the full record to the Registrar. The petitioner will also be heard before a fresh order is passed. The Registrar will pass a fresh order within four weeks. The Administrator will continue to function till then.

(3) Petition is disposed of.