PANDURANG SONAWLE v. DHAR CENTRAL CO-OPERATIVE BANK LTD
1983-10-31
R.K.VIJAYWARGIYA
body1983
DigiLaw.ai
R. K. VIJAYVARGIYA, J. ( 1 ) THIS petition under Articles 226 and 227 of the Constitution of India is directed against the order dated 29-9-1982 (Annex. G) passed by the learned member of the Board of Revenue, M. P. , Gwalior in Appeal Case No. 77-I/80 arising out of the order dated 31-3 1980 passed by the Joint Registrar, co-operative Societies, Indore in case No. 486 of 1978 Appeal. ( 2 ) THE facts giving rise to this petition briefly stated are as follows :the Petitioner was an employee of the Dhar Central Co-operative Bank ltd. , Dhar respondent No. 1 and at the relevant time was working as Supervisor, the petitioner was removed from service after holding a departmental enquiry against him. Aggrieved by the order of his dismissal, the petitioner raised a dispute under Section 55 (2) of the M. P. Co-operative Societies Act, 1960 (hereinafter referred to as the 'act') before the Deputy Registrar, Cooperative societies, Indore respondent No. 4 who by his order dated 30-9- 1978 held that the order of termination of the petitioner's services was in contravention of the statutory rules and was, therefore, invalid. The respondent No. 4 ordered reinstatement of the petitioner in service with back wages and allowances as admissible to him under the rules. The respondent No. 1 preferred appeal against the order passed by The respondent No. 4 before the Joint Registrar, Co-operative Societies, Indore, respondent No. 3. The respondent No. 3 affirmed the order passed by the respondent No. 4 and dismissed the appeal. The petitioner preferred further appeal before the Board of Revenue respondent No. 2. The Board of Revenue has affirmed the finding of the respondent No. 4 that termination of the petitioner's services was in violation of the statutory rules. However, the respondent No. 2 held that as the respondent No. 1 was not a statutory body. The petitioner was not entitled to be reinstated and that the only remedy available to him is to claim damages for wrongful termination of his services. Aggrieved by the order of the Board of Revenue, the petitioner has submitted this petition. ( 3 ) THE learned counsel for the petitioner contended that the order passed by the respondent No. 2 is not in-conformity with the Full Bench decision of this court in Rumswarup Gupta v. M. P. State Co-operative Marketing Federation ltd.
Aggrieved by the order of the Board of Revenue, the petitioner has submitted this petition. ( 3 ) THE learned counsel for the petitioner contended that the order passed by the respondent No. 2 is not in-conformity with the Full Bench decision of this court in Rumswarup Gupta v. M. P. State Co-operative Marketing Federation ltd. , and others [1976 J. L. J. 293] and the respondent No. 2 committed an orror of law in following the decision of a Division Bench of this Court in Gwalior District co-operative Bank Ltd v. Rameshchandra Mongol and nthers, [1978 RN 95: 1979 MPLJ 631 ], in preference to the Full Bench decision referred to above. He further contended that another Full Bench of this Court in Sevuram Totaram pardir v. Board of Revenue, M. P. Gwalior District Co-operative Book's case (supra ). The learned counsel for the respondents contended that as the petitioner's case does not fall within the three exceptions laid down. by their Lordships of the Supreme Court in Executive Committee of Vaish Degree College, Shamli and others v. Lakshmi Narain and others, [ air 1976 SC 888 ], and as the full Benches of this court in both the above decisions did not consider this aspect of the matter, the law laid down by the Supreme Court must prevail and the Board of Revenue rightly followed the Division Bench decision of this Court in Gwalior Distt. Co-operative Bank's case (supra) and in holding that the petitioner was not entitled to be mutated and all that he can claim is damages for wrongful termination of his services. ( 4 ) HAVING hear the learned counsel for the parties I have come to the conclusion that this petition deserves to be allowed. ( 5 ) THE Full Bench in Sevaram's case (supra) was constituted on a reference by a learned Single udge of this Court to the effect that the aforesaid division Bench decision in Gwalior District Co-operative Bank's case (supra) relating to the rights of the employees of the Co-operative bank to seek relief of reinstatement on the dismissal/removal being illegal, needed reconsideration by a larger Bench. The Full Bench reconisdered the said decision and overruled it.
The Full Bench reconisdered the said decision and overruled it. The Full Bench held that the action of removal or dismissal of the employee of a co-operative society in contravention of the statutory Rules does entitle the employee to continue in service and the Registrar or his nominee hearing the dispute under Section 55 (2) of the Act must be held to have jurisdiction to direct reinstatement on a finding that the removal or dismissal is in breach of statutory rules. The aforesaid Full Bench decision is binding on me. It is not in dispute as observed by the learned Member of the Board of Revenue that the termination of the petitioner's services was in violation of the statutory rules. In the circumstances the respondent No. 2 committed a patent error of law in holding that the pititioner was not entitled to the relief of reinstatement and in setting aside the order passed by the respondent no. 3 confirming the order parsed by the respondent No. 4 directing reinstatement of the petitioner. The order passed by the respondent No. 2, therefore, deserves to be quashed. ( 6 ) AS a result of the discussion aforsaid this petition is allowed. The order dated 22-9-1982 (Annexure 'g' ) passed by the respondent No, 2 is quashed. In the circumstances, the parties shall bear their own costs of this petition. The amount of security deposit be refunded to the petitioner after verification. Petition allowed. .