HIGH COURT IMPOSE COST ON RCS, STAY APPOINTMENT OF ADMINISTRATOR
M K Gupta
Delhi High Court has imposed a cost of Rs. 15,000/- on the Registrar of Co-operative Societies for not filing the counter-affidavit before it on 20th April. A Division Bench of Justice Sanjay Kishan Kaul and Valmiki J. Mehta ordered that the cost will be paid to the petitioner, Apni CGHS, and will be recovered from the salary of the Officer responsible for not filing the affidavit. In this case, the High Court had earlier issued notices to RCS and DDA for reply for the hearing fixed on 20th April.
Shri Asok Kumar, champion of self-draws, said that in this case Petitioner pleaded that Provisional Occupancy Certificate and Completion Certificate were submitted to the RCS before 19.10.2007, prior to the introduction of new DCS rules. Mr. Kumar said that due to this, the file should have been sent to the DDA directly for conducting the draw but the RCS has sent the file of the Chopra Committee deliberately though there was no need for that and this delayed the draw. In a similar case, RCS sent the file of the Asha Deep Society to the DDA directly. He said that the delinquent RCS officer should be punished departmentally under the applicable service rules.
In another important development, the High Court on 22nd April has stayed the appointment of the Administrators in the Saptparni Society on an urgent writ petition filed by that the Society which has gone for self-draw along with other societies. RCS wanted the appointment of Administrator on the plea of not-conducting elections on time but on the contrary, the Society Management told the Court that they had requested the RCS to appoint Returning Officer many time for conducting the elections. The Division Bench of Justice Sanjay Kishan Kaul and Valmiki J Mehta dismissed the plea of the RCS and stayed the appointment of Administrator and ordered appointment of Returning Officer within two-week.
Shri Syed Azeez Pasha, Member, Rajya Sabha has on 19th April requested Lt. Governor, Tejendra Khanna stating that the RCS has failed to clear even a single file for the draw for the last more than a year and a half. Mr. Pasha informed the LG that the files of neither the 57 societies which were earlier under the CBI Scanner nor the other remaining societies which were found eligible for the draw by the RCS have not been cleared despite the mandatory requirements of documents in pursuance of schedule VII. Mr. Pasha said, “There is a need of serious consideration as to why not “OUT SOURCE” the job of vetting documents in RCS office”. He wrote “THE ACCOUNTABILITY ASPECT IN RCS OFFICE NEEDS SERIOUS EXEMATION VIS A VIS TAX PAYERS MONEY SPENT BY THIS OFFICE.” He has drawn the attention of LG towards the rampant corruption in RCS office and demanded a CBI inquiry against some RCS officials. In his letter to the LG, MP has demanded to regularize the self-draw. Mr. Rajender Arya, an Advocate told “That four societies which have gone for self-draw on 03.01.2010 namely, IDC, Sapna Ghar, Satparni and New Anamika have written letter to the LG requesting him to regularize the self-draw following the precedence of 1996 and 2008. All these societies also prayed him to advise the RCS for withdrawing the Police cases and show cause notices given to these societies. All these societies have already procured POC and Completion Certificate from the DDA.”