DEVRAJ SINGH v. INDORE ZILA SAHAKARI BHUMI VIKAS BANK MARYADIT, INDORE
1994-07-26
A.R.TIWARI
body1994
DigiLaw.ai
A. E. TIWARI, J. ( 1 ) THE petitioner was admittedly the Director of respondent/bank. The respondent passed the order dated 3. 6. 94 (Annexure P/3)in exercise of cowers conferred by bye-laws No. 27 (b) and rule 44 (1) (J)of the Madhya Pradesh Co-operative Societies Rule, 1962 and declared that the petitioner has ceased to be the Director of the respondent/bank on the ground that he remained defaulter in repayment of loan for a period exceeding 12 months. This order (Annexure P/3) is challenged in this writ petition. ( 2 ) TBE respondent in response to show cause notice has filed reply and opposed the relief contained in this petition. On consent, the petition is finally heard. ( 3 ) COUNSEL for the petitioner submitted that aforesaid order preceded a show cause notice which was served on the petitioner only on 4. 6. 94. ( 4 ) THE petitioner was asked to submit reply against the aforesaid action within a period of seven days from the receipt of the notice According to the counsel, this notice stood frustrated as the order itself was passed on 3. 6 94 that is a day before the service of notice on the petitioner. The counsel, therefore, prays that the order passed in violation of the principles of natural justice is vitiated and deserves to be dislodged He placed reliance on AIR 1979 SC 1203 ; Guj State Co-op. Ltd, Bank v. P. R. Mankad and 1978 0 MPLJ 207 , Chhotelal Mannalal Nagar v. District Magistrate, Indore and others, in support of the contention that when legal right to continue as Director was infringed illegally then the petitioner had a right to approach this Court for appropriate relief. ( 5 ) COUNSEL for the respondent opposes the petition on the ground that the petitioner had alternative remedy under section 64 of the M. P. Co-op. Societies Act and places reliance on 1966 MPLJ 95 Note, R, C. Tandon v. Dy Registrar, Co op Societies Indore. ( 6 ) HE further submitted that the petitioner avoided the receipt of show cause notice and according to him when cessation of the tenure was automatic, there is no question of hearing the petitioner. Despite taking the aforesaid objection, the counsel for respondent admits that show cause notice was issued and the order was passed prior to the service of how cause notice.
Despite taking the aforesaid objection, the counsel for respondent admits that show cause notice was issued and the order was passed prior to the service of how cause notice. ( 7 ) THE existence of alternative remedy is no absolute bar in entertaining the petition of this nature. ( 8 ) AS the order is admittedly passed in violation of the principles of natural justice, I find it a fit case to entertain the petition for limited relief. ( 9 ) IN AIR 1973 SC 389 , Kesava Mills Co. Ltd and another v. Union of india and others, It is held as under :"the principles of natural justice do apply to administrative orders or proceedings. The concept of natural justice cannot be put into a strait jacket The only essential point that has to be kept in mind in all cases is that the person concerned should have a reasonable opportunity of presenting bis case and that the administrative authority concerned should act fairly, impartially and reasonably Where administrative officers are concerned, the duty is not so much to act judicially at to act fairly. (1962) 2 QB 617, (1970) 2 WLR 1009, (1964) AC 40 and (1949) 1 All ER 109. Applied. " ( 10 ) IN view of the aforesaid infirmity, I find it fit to quash the order dated 3 6. 94 (Annex. P/3) with a direction to the respondent to decide the question afresh after giving reasonable opportunity of hearing to the petitioner, in this behalf. The petitioner is granted liberty to submit reply in terms of notice dated 16/17. 5. 94 within a period of 10 days from today before the Adhyaksh of the respondent. The respondent shall take final decision on the aforesaid notice (Annex. P/1) after consideration of the reply, if any, within a period of 15 days from the receipt of the reply or expiry of 10 days as granted hereby, whichever may be earlier In point of time. ( 11 ) THIS petition stands finally disposed of in terms indicated above but without any order as to costs. Order accordingly. .