ORDER Mishra, J. -1. The pivotal question for consideration in the instant writ petition is about the power of Administrator appointed under section 53 (11) of M.P. Cooperative Societies Act to pass an order of compulsory retirement of an employee without concurrence of Registrar. 2. The facts in short are that petitioner Ashok Kumar Kelapure was holding the post of Supervisor in Jila Sahakari Krishi Evam Gramin Vikas Bank, Bhopal (here in after referred to as the Bank). The Registrar vide order dated 30.8.2001 superseded the elected Board under section 53 (11) of the M.P. Cooperative Societies Act (hereinafter referred to as the Act) and appointed Joint Registrar Bhopal as Administrator of the Bank. On 1.11.2001 Staff Sub-Committee headed by the Administrator who was holding the post of Joint Registrar decided to compulsory retire the petitioner from services. The petitioner challenged the order of compulsory retirement before Registrar, Cooperative Societies under section 80-A of the Act. The Additional Registrar affirmed the order of Staff Sub-Committee. Order was assailed by the petitioner before M.P. Cooperative Tribunal on the ground that Administrator/Officer in Charge of the Bank had no jurisdiction to pass order of compulsory retirement, no permission was sought from the Registrar before passing the impugned order. The Tribunal vide order dated 10.11.2008 dismissed the petition on the ground that Administrator possessed the power of Registrar, powers have been delegated to him under section 3 of the Act, hence no permission from Registrar was required, aggrieved thereby the instant writ petition has been filed. 3. Shri N.K. Saxena, learned counsel appearing for petitioner has submitted that appointment of Administrator made under section 53 (11) of the Act is subject to provision of sub-section (4), (5) and (6) of section 53 of the Act. Sub-section (4) of section 53 provides that the person or persons so appointed shall subject to the control of the Registrar and to such instructions as he may, from time to time, give, have power to exercise all or any of the powers and to discharge all or any of the functions of the committee or of any officer of the society and to take all such actions, as may be required in the interest of the society. Thus counsel has submitted that it was necessary to obtain concurrence of the Registrar. Thus counsel has submitted that it was necessary to obtain concurrence of the Registrar. He has placed reliance on a Division Bench decision of this Court in Zila Sahakari Krishi Aur Gramin Vikas Bunk Maryudit and others v. Phool Singh Tandeshwar and another, 2004 RN 47 and Zila Sahukari Krish Aur Gramin Vikus Bank Ltd. and others v. Vasudev Gupta and another, 2003 RN 172 in which it has been laid down that after super-session of the Committee, the person appointed as Officer In-charge is subject to control of the Registrar and cannot assume role of Registrar in entirety. He cannot pass order of compulsory retirement of the employees. 4. Ms. M.P.S. Chuckal, learned counsel appearing for respondents has placed reliance on proviso to section 80-AoftheAct to contend that power can be delegated by the Registrar to the Joint Registrar thus the Joint Registrar who was holding the post of Administrator was clothed with the power of Registrar, thus it was not necessary to obtain approval of the Registrar in the instant case. 5. The matter is covered by the decision of Division Bench of this Court in Zila Sahakari Krishi Aur Gramin Vikas Bank Maryadit and others v. Phool Singh Tandeshwar and another (supra) in which Division Bench of this Court considered proviso to section 53 (4) and has laid down thus: 16. In view of the aforesaid enunciation of the law we are impelled to hold that the officer appointed is subordinate to the Registrar and cannot assume the role of Registrar in entirety. He has the statutory obligation to act subject to control of the Registrar. He cannot be allowed to act like an unruly person. True it is, he is the delegatee but the statute does not permit total delegation. The power of the Registrar has not been taken away. The role of the Registrar does not stand ostracised. In fact the person so appointed has power to exercise all or any of the power and to discharge all or any of the functions of the committee and to take any action in the interest of the society subject to control of the Registrar and subject to such instructions he may give from time to time. In fact the person so appointed has power to exercise all or any of the power and to discharge all or any of the functions of the committee and to take any action in the interest of the society subject to control of the Registrar and subject to such instructions he may give from time to time. lf the language of the aforesaid provision is understood in proper perspective we are disposed to think that the role of the Registrar by any stretch of imagination cannot be marginalised and, therefore, concurrence or approval of an order of tern1ination of the employee of the society by the Registrar is not only necessary but also essential. It is prerequisite and condition precedent. Thus, we have no hesitation in holding that the learned Single Judge has correctly held that the prior approval of the Registrar was imperative before officer-in-charge could give effect to the order passed by him. 6. The view taken in Zila Sahakari Krishi Aur Gramin Vikas Bank Ltd. " and others v. Vasudev Gupta and another (supra), was affirmed by Division Bench of this Court in Phool Singh Tandeshwar (supra), thus in our opinion the decision rendered by the Tribunal cannot be said to be in accordance with law. In the instant case, the Tribunal has passed the order on the ground that the Administrator was Joint Registrar who was delegated with certain powers of Registrar. But the Administrator, has to Act under the control of Registrar under the statutory provisions of section 53 (4). The Administrator does not act as Joint Registrar/Registrar, when he assumes role of Administrator. In the instant case the powers of Joint Registrar or Registrar could not be exercised in the capacity of Administrator in view of section 53 (4) of the Act. 7. Ms. M.P.S. Chuckal has placed reliance on section 80-A of the Act, which reads thus: "80-A. Power of Registrar to call for proceedings of subordinate Officer and committee of a society and to pass orders thereon. 7. Ms. M.P.S. Chuckal has placed reliance on section 80-A of the Act, which reads thus: "80-A. Power of Registrar to call for proceedings of subordinate Officer and committee of a society and to pass orders thereon. -- The Registrar may, at any time on his own motion or on the application made by any party, call for and examine the record of any enquiry or the proceedings by any subordinate officer or a decision of a Committee of a Society for which Government has contributed to its share capital or has given loans or financial assistance or has guaranteed the repayment of loans granted in any other form for the purpose of satisfying himself as to the legality or propriety of any decision or order passed and as to the regularity of the proceedings of such officer or committee. If in any case, it appears to the Registrar that any decision or order or proceedings so called for should be modified, annulled or reversed, the Registrar, may pass such order thereon as he may deem fit : Provided that no order under this section shall be made to the prejudice of any party unless such party has had an opportunity of being head: Provided further that the powers conferred on the Registrar under this section, shall not be delegated to any officer below the rank of Joint Registrar. It is apparent from the reading of the aforesaid section 80-A is applicable with respect to power of Registrar to call for and examine the record of any enquiry or the proceedings by any subordinate officer or a decision of a Committee and to pass an order thereon. Though Registrar can delegate the power to person not below the rank of Joint Registrar, however, in case person is appointed as officer in charge as held by Division Bench of this Court approval of Registrar is necessary to be obtained. 8. In view of the aforesaid we set aside the order of compulsory retirement of the petitioner and the order passed by the Additional Registrar and the Cooperative Tribunal. It is made clear that notwithstanding the aforesaid order passed, it would be open to the respondents to take action in accordance with' law. The impugned order will not come in the way of the Bank. 9. Writ petition is allowed to the aforesaid extent. No costs.