Harmesh Singh vs State Of Haryana And Others
2023 Latest Caselaw 9324 P&H

                                                                                   2023:PHHC:083535

                               In the High Court for the States of Punjab and Haryana
                                                At Chandigarh

                                                                    CWP-13262-2023 (O&M)
                                                                    Date of Decision:-04.07.2023


                 Harmesh Singh                                                 ... Petitioner

                                                     Versus

                 State of Haryana and others                                   ... Respondents


                 CORAM: HON'BLE MR. JUSTICE GURVINDER SINGH GILL

                 Present:-        Mr. Rohit Singla, Advocate for the petitioner.

                                                     *****

GURVINDER SINGH GILL, J.(Oral)

1. The petitioner seeks cancellation of membership of respondent No.6 as

Member of Board of Directors of Central Co-operative Bank, Sirsa.

2. It is the case of the petitioner that the Chief Executive Officer/General

Manager of the Central Co-operative Bank, Sirsa had extended a benefit of

Rs.29,72,872/- to certain employees of the Bank in a wrongful manner

purportedly on the basis of a Scheme which was infact not applicable to the

employees of the Bank. It is the case of the petitioner that the said

instructions were applicable only to the Central and State Government

employees and were not applicable to the employees of Central Co-operative

Banks. It is further the case of the petitioner that the Chief Executive Officer

was himself a member of Board of Directors and the Board of Directors by

way of a resolution condoned the principal amount of the excess payment

and also ordered for release of the FDRs of the employees which had earlier

been kept as security at the time of release of the excess payment.

MOHAN SINGH 2023.07.04 17:57 I attest to the accuracy and authenticity of this order/judgment CWP-13262-2023 (O&M) (2) 2023:PHHC:083535

3. The matter was brought to the notice of Lokayukta, Haryana and

consequently an inquiry was ordered into the matter. The Managing Director

of Haryana State Cooperative Aggrictulure & Rural Development Bank was

appointed as Inquiry Officer and who returned a finding to the effect that the

decision of the Board of Directors to the effect that no amount was to be

recovered from the employees who had earlier been extended the monetary

benefits was a wrong decision and that the then General Manager of the

Bank along with the Board of Directors were responsible for causing loss to

the Bank to the tune of about Rs.30 lakhs.

4. Learned counsel for the petitioner submits that respondent No.6 was a

member of Board of Directors and when he again contested for election as a

Member of the Board of Directors, he furnished incorrect information to the

effect that no inquiry was pending against him and consequently came to be

elected on the basis of such false declaration. Learned counsel submitted

that under these circumstances respondent No.6 has no right to continue as a

Member of the Board of Directors and that his membership deserves to be

cancelled.

5. It has further been submitted that although the petitioner submitted a

complaint on the CM Portal i.e. CM Grievances Redressal System which was

duly received on 8.2.2023 (Annexure P-8) but to no avail.

6. Pursuant to service of advance notice to State of Harayan, Mr. Sharad

Aggarwal, DAG, Haryana, has put in appearance.

7. Having heard the learned counsel for the petitioner and also the State

counsel, but without expressing anything as regards the verasity of the

averments made in the petition or as regards the merits of the case, the

MOHAN SINGH 2023.07.04 17:57 I attest to the accuracy and authenticity of this order/judgment CWP-13262-2023 (O&M) (3) 2023:PHHC:083535

instant petition is disposed of with a direction to respondent No.2-The

Registrar, Co-operative Societies, Haryana Sahkarita Bhawan, to get the

representation dated 08.02.2023 (Annexure P-8) examined expeditiously in

accordance with law and to pass appropriate order.

8. A copy of this order along with copy of representation dated 08.02.2023

(Annexure P-8) be sent to respondent No.2-The Registrar, Co-operative

Societies, Haryana Sahkarita Bhawan, for necessary compliance.

                 04.07.2023                                       ( GURVINDER SINGH GILL )
                 mohan                                                     JUDGE


                               Whether speaking /reasoned          Yes / No

                               Whether Reportable                  Yes / No




MOHAN SINGH
2023.07.04 17:57
I attest to the accuracy and
authenticity of this
order/judgment