Ram Singh vs Rasulpur Cooperative Agricultural Service Society Limited, Ludhiana

Mehtab S. Gill, J.—The petitioner has filed this writ petition for the issuance of a writ in the nature of Cer-tiorari for quashing order dated 19.7.1999 (Annexure P9) and order dated 27.11.1998 (Annexure P8).

The petitioner has averred that he left Indian Army in 1984 at the time of Operation Blue Star because of religious sentiments and did not come back to serve the army. In the year 1990, he was appointed as Salesman by the Rasulpur Co-operative Agricultural Service Society Limited (hereinafter called the Society) which has been arrayed as respondent No. 1. On 4.5.1990, Jagraon police arrested him from the office of the Society and implicated him in a false criminal case under TADA. The petitioner was released on bail by the Special Court, Nabha and was again appointed as Salesman on 1.10.1990. Copy of resolution has been attached as Annexure P1. On 23.2.1995, he was convicted and sentenced to undergo imprisonment for five years and was sent to Central Jail, Nabha. He handed over leave application on 22.2.1995 to the Secretary of the Society to avoid any complication. An appeal was filed from the jail to the Hon''ble Supreme Court of India and he was acquitted of all the charges on 28.8.1996 (copy Annexure P4). He was released from the jail on 6.9.1996. The petitioner requested for his reinstatement but the respondent No. 1, Society, rejected his application dated 16.9.1996 (copy Annexure P5). Instead of reinstating the petitioner, the society passed a resolution that the petitioner should file an appeal before the Deputy Registrar. An appeal was filed on 6.11.1996 which was accepted by the Deputy Registrar vide his order dated 31.3.1997 (copy Annexure P7). The Society filed a Revision Petition before the Joint Registrar, Cooperative Societies, Pa-tiala and the Revision Petition was allowed with the observations that the petitioner had been convicted on 23.2.1995 and had remained absent from duty on 22.2.1995. The absence of the petitioner was for only one day i.e. 22.2.1995.

Notice of motion was issued.

Written statementwas filed by respondent No. 1, Society. It took the stand that the petitioner did not take leave on 22.2.1995.

We have heard counsel for the both the parties, perused the writ petition, written statement and the an-nexures attached therewith.

It has come in the order of the Depuly Registrar that the petiiioner was served with a show cause notice on 24.2.1995 regarding his absence on 22.2.1995. The notice could not be served on the petitioner as he was in Central Jail, Nabha at that time. The wife of the petitioner refused to accept the notice as a result of which the same was affixed on the door of the house of the petitioner. The show cause notice did not have meaning at that moment of time i.e. 24.2.1995 as the petitioner had already sent his leave application dated 22.2.1995 to the Secretary, but due to his being in jail, he could not contact the members of the Managing Committee. The Managing Committee wanted the petitioner to join but he could not join being in the jail. This was a very unpractical demand being made which could not have been met with by the petitioner. The services of the petitioner were terminated for no fault of his. The petitioner was finally acquitted by the Apex Court. The learned Deputy Registrar, Co-operative Societies vide order dated 31.3.1997 rightly reinstated the petitioner.

In the light of above discussion, we are of the considered view that period from 23.2.1995 to 28.8.1996 be treated as leave of kind due as the petitioner for no fault of his was behind the bars and was ultimately found innocent. With effect from 16.9.1996, when the petitioner had given an application for his reinstatement, we grant him 50% back wages. The petitioner be taken into service immediately and all the benefits accruing to him be granted.

With the above observations, this writ petition is allowed.

Petition allowed.