Gurbans Singh vs State of Punjab and others

M.M. Punchhi, J.(Oral)

The petitioner, a member of the Akalia Kala Cooperative Agricultural Service Society Limited (respondent No. 2) was fixed with the liability of paying Rs. 1,036.80 as principal amount, Rs. 617.43 as interest uptill 31.12.1972 and costs at Rs. 413.56, by an arbitration award (Annexure P3). The appeal of the petitioner before the Assistant Registrar, Cooperative Societies, Bhatinda, was partially allowed inasmuch as the costs were reduced to Rs. 100/ vide order Annexure P2. The revision petition preferred by the petitioner was dismissed vide order Annexure P1. He has challenged the aforesaid orders in the writ jurisdiction of this Court.

The case of the petitioner was and is that he had paid Rs. 985/ on 16.12.1974, with respect to which entries exist in the records of the Society. Further he had paid a sum of Rs. 1,000/ on 5.6.1975 under the receipt issued by the cashier of the Society. By payment of these sums the petitioner claims that no liability could be fixed on him. In orders Annexure P1 and P2 a mention of these amount has been made favourably to the petitioner. But it seems, the impact thereof as to whether the liability of the petitioner stood wiped out or not, has not been appropriately weighed. Even in the return filed by the excashier of the Society the payment of the aforesaid two amounts to the credit of the Society has not been disputed, but it has been said that in fact the aforesaid sums are representative of only one sum. he matter is totally devoid of clarity. Though it is true that quasijudicial Tribunals are Courts of fact and even of law and their judgments may not satisfy the standards of a judgment normally written by a Court of Law, yet the contention of the aggrieved party has to be noticed and met by plain writing which makes reading easy. The impugned orders, to my mind, are lacking in that regard. They can be termed as vague in the context. Thus allowing the writ petition and setting aside the impugned order (Annexure P1), I remit the case to the Deputy Secretary to Government Punjab, Cooperation Department, exercising powers of the Government under the Punjab Cooperative Societies Act, 1961, to into the matter afresh and pass an appropriate order thereon after calling for the records of the Society for the purpose and hearing the parties in that regard. The parties through their counsel are directed to put in appearance before the said Officer on 21st May, 1984.