LexRAM NANDAN SINGH AND ORS. versus AG OFFICE EMPLOYEES CO-OP HOUSE CONSTRUCTION SOCIETY, RANCHI AND ORS.
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A RAM NANDAN SINGH AND ORS. ~ v. AG OFFICE EMPLOYEES CO-OP HOUSE CONSTRUCTION SOCIETY, RANCHI AND ORS. B SEPTEMBER 28, 2007 [S.B. SINHA AND H.S. BEDI, JJ.] ~ Constitution of India, 1950: Article 136-Right of intervener to c file appeal-Held: Appellants were impleaded as intervener before Single Judge and also in Letters Patent Appeal-They were also persons aggrieved-Hence they had right to appeal. Judicial restraint: Enquiry report by competent authority as also D by retired High Court Judge-Challenged-High Court remitted matter to Statutory authority-Observations passed to the effect that it would invite objections and have liberty to differ with report of the y retired Judge-Propriety of-Held: It is for the statutory authority to take decision in the matter and it was not necessary for High Court E to make any observation as to how the said statutory authority should proceed in the matter-Administrative law-Statutory authority- Bihar Cooperative Societies Act, 1935. Appellants are members ofrespondent No.I-society. In 1970, the society was allotted land for the benefits of its members. In 1983, y- F amendments were made in the rules whereby outsiders were allowed allotment of land by the said society. These amendments were questiened. Meanwhile, serious irregularities by the members of the Managing Committee were pointed out. An enquiry was ordered. Enquiry officer submitted its report to the Registrar. On the basis G of the report, Managing Committee of the society was placed under ~ suspension. The Managing Committee filed Writ Petition before High Courtwhich was dismissed. Thereafter they filed Letter Patent Appeal. The Division Bench of the High Court by order dated 18.5.2004 directed the enquiry to be made by the Registrar of H 646 'r ~__,, ~ ~J.. RAMNANDANSINGHv.AGOFFICEEMPLOYEESCO-OP 647 HOUSE CONSTRUCTION SOCIETY, RANCHI Cooperative Societies. With these directions the appeal was dismiss·ed. However, the question relating to correctness of the enquiry report was again raised. On 2.9.2005, the Division Bench of the High Court ordered appointment of a former Judge of High Court to hold an enquiry. Pursuant thereto an enquiry was made and report filed. The Managing Committee again questioned the correctness of the said report by filing another application in the said letters patent appeal. By impugned order, the Division Bench of High Court held that letters patent appeal was heard and disposed of by an order dated 18.5.2004 and thus the Court had become functus officio yet proceeded to make observations that the case is remitted to Registrar Cooperative Societies who would not rely on earlier report submitted by the Registrar having been superseded by the report of the retired High Court Judge and invite objections1n the inquiry report submitted by the retired judge, would apply his independent mind and as to whether he differs with the enquiry report or accepts the same and the action required to be taken. Appellants were impleaded as interveners before the Single Judge. They, by this petition for grant of special leave, have questioned the justifiability of the impugned order. Allowing the appeal, the Court HELD: 1.1. Appellants are members of the Society. They have been pursuing their cause before the High Court. They were impleaded as parties in the Letters Patent Appeal. Not only in the capacity of interveners but also as persons aggrieved, they are entitled to file petition for grant of special leave. The preliminary objection in regard to maintainability of the appeal is rejected. [Para 13] [654~EJ N Swain and Anr. v. B.K. Mahapatra and Ors., [1970) 3 SCC 321 and Ravi Rao Gaikwad and Ors. v. Rajajinagar Youth Social Welfare Assn. and Ors., [2006] 5 SCC 62, referred to. 1.2. Indisputably, the Registrar of Cooperative Societies A B c D E F G H 648 SUPREME COURT REPORTS (2007] 10 S.C.R. A appointed under the Bihar Cooperative Societies Act, 1935 which was adopted by the State of Jharkhand on bifurcation of the State as per provisions of the State Organisation Act is a statutory authority. The Registrar of Cooperative Societies in exercise of his powers conferred upon him in terms of Section 41 and/or B Section 48 of the said Act is entitled to pass an appropriate order. The orders passed by the Registrar, Cooperative Societies are appealable. [Para 14] [654-F-G] 2.1. Whosoever had enquired into the charges level
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