Vinod Kumar Jain vs Registrar Coop. Societies And ...
2006 Latest Caselaw 1536 Del

JUDGMENT

Dr. Mukundakam Sharma, J.

1. Since the issues involved in all these writ petitions are similar, we propose to dispose of all these writ petitions by this common judgment and order. By filing these writ petitions, the petitioners have raised one or the other grievances with regard to the allotment of flats in the respondent society i.e. Talagang Co-operative Group Housing Society Ltd. It is pointed out by some of the petitioners herein that allotment of flats are being made in violation of the seniority position. It is also pointed out that some of the members of the Society who had applied for category `A' and `B' flats are being offered category `C' or `D' flats on the ground that category `A' and `B' flats are not available. The contentions raised by the petitioners are that allotments are being made to category `A' and `B' flats to persons who are ineligible to be members of the society, fictitious persons, and also to such other persons who are down below in the seniority position.

2. The aforesaid grievances of the petitioners were also raised before the Registrar, Co-operative Societies. The records placed before us indicate that considering the allegations made and the alleged irregularities committed in the allotment of flats, the Registrar, Co-operative Societies/ respondent no.1 appointed an Administrator of the Society. Subsequently, the said Administrator resigned from the charge of the Administrator, whereupon respondent no.2, namely, Mr.Rajesh Mishra was appointed as an Administrator. Be that as it may, we also find from the records that by order dated 18.11.2005, Sh.S.M. Aggarwal, a retired ADJ was appointed as an Enquiry Officer in place of Mr.S.M. Ali. We are now informed that even Mr.S.M. Aggarwal has resigned and the Registrar, Co-operative Societies has now appointed Ms.Urmila Rani, a retired ADJ of this Court as the Enquiry Officer. We endorse this appointment and direct the Enquiry Officer to hear all the grievances of the parties and the members in respect of their various grievances and allegations by fixing two or three dates for the purposes. Upon hearing the submissions and grievances made by the said aggrieved persons who are willing to make submissions before the Enquiry Officer, the Enquiry Officer shall prepare a list of all eligible members as per their seniority, for allotment of flats in all the categories, category wise separately and the said list shall be handed over to the Registrar, Co-operative Societies for taking action in accordance with law.

3. It is needless to point out that the learned Enquiry Officer who has already been appointed and whose appointment is endorsed in this order, shall give reasons while preparing the list of all eligible candidates according to their position. On receipt of the said report, the Registrar, Co- operative Societies shall issue directions to the Society to allot flats according to the list and in terms of the directions of the Registrar, Co- operative Societies. While doing so, seniority position shall be strictly adhered to and maintained. If any person is allotted any flat in violation of the seniority position, steps shall be taken for their dispossession and for putting the person who is actually entitled, in possession of the said flat.

4. The entire process shall be completed by the Enquiry Officer within a period of three months from the date of receipt of a copy of this order. She shall also be paid her remuneration which shall be fixed after discussion with the Registrar, Co-operative Societies. After receipt of the report, the Registrar, Co-operative Societies shall complete the entire process within a period of six weeks and allotment of flats shall be made to the entitled candidates immediately.

5. It is pointed out to us that in WP (C) No.19871/2004, an enquiry has already been conducted by the Mr.N.K. Thomas, Enquiry Officer appointed by the Registrar, Co-operative Societies. A copy of the said enquiry report is placed before us by Mr.Tomar, counsel for respondents 4 to 6 in the said writ petition. He states that he had received a copy of the enquiry report on a request made under the provisions of the RTI Act.

6. We have also heard the learned Counsel appearing for the Registrar, Co- operative Societies. Since a report has already been submitted by the Enquiry Officer, it would be the bounden duty of the Registrar, Co-operative Societies to look into the said enquiry report and take necessary action as deemed fit and proper. It shall be open to the Registrar, Co-operative Societies to accept the said report or reject the same. In case of disagreement with and rejection of the said report, appropriate steps shall be taken by the Registrar, Co-operative Societies in accordance with law. He shall once again initiate enquiry into the matter. It is also needless to point out that in case the learned Registrar, Co-operative Societies disagrees, with the said report, he must record reasons for his disagreement and consequent rejection.

7. The Enquiry Officer shall convene a meeting at the office of society complex on 18th September, 2006, at 4.00pm where all the aggrieved members and persons, who intend to be heard, shall be heard in person and thereafter further dates in the proceedings shall be given by the Enquiry Officer. With these directions, the writ petitions and all pending applications are disposed of.

8. A copy of this order be given dusty to counsel for the parties and also to the Enquiry Officer who shall proceed to conduct the enquiry and prepare a report in terms of this order.