KUMTA COOP. ARECANUT SALE SOCIETY v. REGR. OF COOP SOCIETIES
1981-02-03
G.N.SABHAHIT
body1981
DigiLaw.ai
G. N. SABHAHIT, J. ( 1 ) THE writ petitioner is a Co-operative society. By an order dated 30-10-76 the Registrar of Co-operative Societies, Bangalore, accorded sanction to the transfer of services of one Shri s. S. Hegde Assistant Registrar of co-operative Societies as a Manager of the petitioner Co-operative Are canut Sale Society Ltd, Kumta, to work as its Manager. It was for the period from 10-6-76 to 9-6-77. Before the expiry of that period the Society passed and resolution intimating the registrar that it was not necessary for the Society to extend the services of Shri Hegde. That was on 19-9-76 and the resolution was sent with a report by the Society to the Registrar of Co-operative Societies, Bangalore. A copy of the report is at Ext. C and the copy of the resolution is at Ex. D. Thereafter, the Board of Directors in their meeting held on 29-5-77 unanimously resolved to relieve Sri S. S. Hegde from the services of the Society on 10-6-77 immediately after the period of deputation was over and a copy of the letter was sent to the Registrar as per Ext. E. Sri S. S. Hegde was informed that he was relieved from his post as the period of deputation, was over on 9-6-77. A copy of this was sent to the Registrar. It appears that thereafter Sri Hegde moved the registrar to give him a posting for a suitable post in the Department. The department, however, did not give him posting till 3-9-1977, when respondent No. 1, the Registrar, issued order posting him to Karwar. The registrar, however, by a second order dated 1-6-1978 at Annexure-O ordered as follows: - "in exercise of the powers delegated to the Registrar of co-operative Societies under rule 446 of the k. C. S. R. 1958 volume 1 in G. O. No. FD 14 SCR 59 dated 25-3-1969 sanction is hereby accorded to the transfer of services of Sri S. S. Hegde, Assistant Registrar of CS, ood Manager, Kumta Co-op. Arecanut Sale Society Ltd. Kumta (NK) Karwar to work as its manager for the period from 10-6-77 to 5-1-78 as per the terms and conditions annexed to this order.
Arecanut Sale Society Ltd. Kumta (NK) Karwar to work as its manager for the period from 10-6-77 to 5-1-78 as per the terms and conditions annexed to this order. It is this order of the Registrar issued on 1-6-78 appointing Sri S. S. Hegde retrospectively as a Manager of th,e petitioner society, in spite of the fact that the society had already relieved him and had intimated the Registrar that his services were not needed that is challenged in this writ petition. ( 2 ) IT is obvious that the Register cannot impose the services of any officer on a Co-operative Society retrospectively. Shri P. S. Bhat, the learned Advocate for the writ petitioner invited my attention to a decision of the Supreme Court of india in the case of Regional Transport officer v. Associated Transport (1) in which the Supreme Court has ruled that the Legislature has no doubt plenary power in the matter of enactment of statutes and can itself make retrospective laws subject, of course, to the constitutional limitations. But it is trite law that a delegate can not exercise the same power unless there is a special conferment thereof to be spelled out from the express words of the delegation or by compelling implication. ( 3 ) IN the instant case, the Registrar exercised his power by virtue of delegation (vide Rule 446 of the k. C. S. R. r w G. O. No. FD 14 SCR 59 dated 25-3-1969) The Registrar under delegation was issuing an order with retrospective effect. Hence the order dated 1-6-1978 vide Ex. O. issued retrospectively is one without jurisdiction. ( 4 ) MOREEVER, the Society has made its intention very clear that the services of Sri Hegde were not required by it after the period of deputation was over on 9-6-77. A resolution to the effect as stated above was passed well in advance and the same was intimated to the Registrar - respond dent No. 1, in the writ petition. He was relieved actually on 10-6-77 after the period of deputation was over. That was also intimated to the Registrar and the Registrar as per Ex. J, by his order dated 3-9-77 transferred and posted Sri Hegde as Assistant project Officer, SFDA, Karwar.
He was relieved actually on 10-6-77 after the period of deputation was over. That was also intimated to the Registrar and the Registrar as per Ex. J, by his order dated 3-9-77 transferred and posted Sri Hegde as Assistant project Officer, SFDA, Karwar. In spite of these, it is rather amazing that respondent No. 1, the Registrar passed the subsequent order on 1-6-78 appointing Shri Hegde, as a manager of the petitioner society from 10-6-1977 to 5-1-1978 retrospectively. The order is dated 1-6-78. Hence, it is obvious that the impugned order is illegal, arbitrary and capricious. It is also without competence. ( 5 ) IN the result, therefore, the writ petition is allowed. The impugned order dated 1-6-78 passed by respondent No. 1, a copy of which is produced at Ext-O is hereby quashed and the consequences that flow from that order are also quashed. No costs. --- *** --- .