Revision

Haryana Co-operative Societies Act, 1984 (22 of 1984)

Section 115 – Punjab Co-operative Societies Act, 1961 (25 of 1961), Section 69 – Revision – Maintainability of – Suo-motu powers -- State Government or the Registrar u/s 69 of the Punjab Act and the State Government u/s 115 of the Haryana Act can exercise its suo motu revisional jurisdiction on the application made by an aggrieved person, whether he is or not a party to the reference. Jasbir Singh and others v. Commissioner (Appeals), Jalandhar Division and others, 2011(3) L.A.R. 1 (P&H FB).

Section 114, 115 – Punjab Co-operative Societies Act, 1961 (25 of 1961), Section 68, 69 – Revision – Maintainability of – Remedy of revision is barred only in case where appeal against the impugned order lies u/s 68 of the Punjab Act or u/s 114 of the Haryana Act. Jasbir Singh and others v. Commissioner (Appeals), Jalandhar Division and others, 2011(3) L.A.R. 1 (P&H FB).

Section 115 – Punjab Co-operative Societies Act, 1961 (25 of 1961), Section 69 – Service matter of Society -- Revision – Maintainability of – Remedy of revision is not barred in those cases where aggrieved person has a right of appeal under the Statutory Service Rules or Common Cadre Rules -- An aggrieved party can challenge the order of Registrar or Deputy Registrar passed as an Appellate Authority under the Statutory Rules or Common Cadre Rules by filing a revision u/s 69 of the Punjab Act or u/s 115 of the Haryana Act as no remedy of appeal has been provided u/s 68 of the Punjab Act or u/s 114 of the Haryana Act against such order -- But, if the appellate order is passed by the official of the Society and not by the Registrar or Deputy Registrar of the Co-operative Society, no revision is maintainable against such an order -- Revision is maintainable only against the order passed by the authority under the Act or a proceeding arising out of the Act and the Rules framed thereunder. Jasbir Singh and others v. Commissioner (Appeals), Jalandhar Division and others, 2011(3) L.A.R. 1 (P&H FB).

Section 115 –  Punjab Co-operative Societies Act, 1961 (25 of 1961), Section 69 – Revision – Maintainability of – Suo motu power -- Remedy of revision either suo motu or otherwise cannot be invoked against an order passed by the Society -- The said power can be exercised against the decision or order passed by the authority under the Act or a proceeding arising out of the Act or the Rules framed thereunder. Jasbir Singh and others v. Commissioner (Appeals), Jalandhar Division and others, 2011(3) L.A.R. 1 (P&H FB).

Section 115 – Punjab Co-operative Societies Act, 1961 (25 of 1961), Section 69 – Revision – Maintainability of --  Suo motu power -- Suo motu power of revision cannot be exercised by the State Government or the Registrar, as the case may be, where a revision u/s 69 of the Punjab Act or u/s 115 of the Haryana Act itself is not maintainable either on the ground that against the impugned order an appeal has been provided u/s 68 of the Punjab Act or u/s 114 of the Haryana Act or on any other ground -- - In case the Government or the Registrar, as the case may be, exercise suo motu power of revision on the application of an aggrieved party or otherwise, it must be specifically so stated in the order itself. Jasbir Singh and others v. Commissioner (Appeals), Jalandhar Division and others, 2011(3) L.A.R. 1 (P&H FB).