State of Punjab vs Harpal Singh

O. Chinnappa Reddy, A.C.J. (Oral)

This is an appeal under Clause X of the Letters Patent against the judgment of our learned brother Sharma, J. passed in Civil Writ No. 2531 of 1973.

The first respondent in this appeal purported to file an appeal to the Deputy Secretary to Government, Punjab, Industries Department, against an order of the Assistant Registrar, Cooperative Societies, winding up the Taran Taran RadiocumSales Cooperative Industrial Society. The appeal was rejected by the Deputy Secretary. The first respondent filed Civil Writ No. 2531 of 1973, by which he questioned the appellate order of the Deputy Secretary on the ground that the Deputy Secretary had no jurisdiction to entertain the appeal. That writ petition was accepted by the learned Single Judge who remanded the case to the Government to be disposed of in accordance with law, perhaps meaning thereby that the appropriate appellate authority should deal with the matter.

In this appeal, Shri Brar, the learned Deputy AdvocateGeneral, invites our attention to a standing order dated July 8, 1973, issued by the Government which, according to him, empowers the Deputy Secretary to hear such appeals. We do not think that the standing order can confer on the Deputy Secretary the power to hear and dispose of appeals when under the statute the appeal lies to the Deputy Registrar and not to the Deputy Secretary. Under Section 68 of the Punjab Cooperative Societies Act, 1961 (as applicable in Punjab), it is clearly provided that an appeal from the order of the Assistant Registrar lies to the Deputy Registrar, and not to the Deputy Secretary. The first respondent himself was responsible for the mischief caused. The Deputy Secretary having been invited to entertain the appeal, the appropriate thing to do for him was to return the appeal as not maintainable.

In the circumstances of the case, we direct the Deputy Secretary to Government, Industries Department, to return the appeal to the first respondent (petitioner in Civil Writ No. 2531 of 1973) to enable him to present it to the appropriate appellate authority. There is no order as to costs.