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1998 Supreme(Raj) 522

Rajasthan High Court
Honble B.S. CHAUHAN, J.
Man Mal Sharma - Appellant
Versus
Bikaner Sahkari Upbhokta Bhandar - Respondents
S.B. Civil Writ Petition No. 1031 of 1998 & 2 Ors. Writ Petitions
Decided On : August 04, 1998

Advocates Appeared:
M.R. Singhvi, for Petitioners M.S. Singhvi, for Respondent No.2 Sangeet Lodha, for State Government and Registrar etc.

Headnote:(a) Natural Justice – Automatic reversion/termination of the services – The principle of natural justice to be read into provisions relating to automatic reversion/termination of services – If such an action is taken on the basis of a rule without giving an opportunity of hearing to the employee, it is unjust, unfair and arbitrary. (Para 21)(b) Rajasthan Co-operative Societies Act, 1965, Section 35-A – Doctrine of ``Pleasure – It does not mean an absolute, arbitrary and discretionary power in the Statutory Authority – Discretion has to be exercised on the basis of the fact and for that there must be sufficient material which warrant the exercise of such power. (Paras 31 & 34)

       

Honble CHAUHAN, J.–All the aforesaid petitions are inter- connected and there is an order of the Court to hear all these petitions together. Thus, they are being disposed of by the common judgment. To dispose of all these three petitions, S.B. Civil Writ Pet. No. 1031/1998 is taken as the leading case for the reason that all the relevant documents and Orders of all the three cases have been filed there in.

(2). The respondent No.1, Bikaner Sahkari Upbhokta Bhandar, hereinafter called `` the Bhandar, is a Cooperative Society registered under the provisions of the Rajasthan Cooperative Societies Act, 1965 (hereinafter referred as `` the Act) and the Rajasthan Cooperative Societies Rules, 1966 (hereinafter referred as ``the Rules). The Management Committee of the respondent No.1, which is headed by the elected Chairman, resolved to instal a statue of its earlier Chairman late (Shri) Vijay Singh in the premises of the respondent No.1, the Bhandar, vide resolution dated 7.12.94, just to recognise the services rendered by him to the society and to pay homage to the departed soul. The Registrar, Cooperative Societies (hereinafter called ``the Registrar), served an order dated 12.3.97. contained in Annex.4 to this petition, purported to have been passed under Section 32 of the Act he rescind the said resolution restraining the Bhandar to instal the statue. According to the said Order, the installation of the statue was contrary to the provisions of the Act and the Rules, and the purposes the Society was to achieve and moreover it would not serve the interest of any person, rather installation of the statue would have an ad- verse affect on the interest of the Society. The Bhandar being aggrieved by the said order dated 12.3.97, preferred S.B.Civil Writ Petition No.1118/1997 before this Court on the ground that the installation of the statue is not in violation of any Rule or the provisions of the Act; the said Order was without jurisdiction, rather it was in consonance with the spirit of the Cooperative Movement as the purpose was to pay homage to the departed soul who dedicated his life in the Cooperative Movement and such an installation would encourage the persons in future to support the Cooperative Movement. This Court, vide its order dated 19.5.97, stayed the operation of the Order dated 12.3.97 passed by the Registrar, and after obtaining the said interim Order, the statue has been installed.

(3). The Registrar issued show cause notice on 5.11.97, contained in Annex.5 to the petition, under Section 36(1) of the Act, as to why the committee may not be superseded, according to which the installation of statue of late (Shri) Vijay Singh was against the interest of the Society; it caused great loss to the society; it was in contravention of the Order of the Registrar and by installing the statue, the Manage- ment Committee has acted in violation of the order of the Registrar as the interim order of this Court dated 19.5.1997 did not authorise the Bhandar to install the statue without prior approval of the Registrar and it, also violated the provisions of the Act and the Rules. Being aggrieved and dissatisfied, the Bhandar preferred another S.B.Civil Writ Petition No.4077/1997, and this Court, vide order dated 11.11.97, sta- yed further proceedings in pursuance of the said notice.

(4). The Government passed an order dated 21.3.98, contained in Annex.3 to the petition, by which petitioner Shri Man Mal Sharma was reverted from the post of Chief Executive Officer of the Society to the post of Manager of the Bhandar. The Order specifically provides that the Order of reversion from the deputation has been made as the services of petitioner were not found satisfactory. Being aggrieved and dissatisfied, Mr. Sharma filed S.B. Civil Writ Petition No.1031/1998.

(5). The main contentions raised by the petitioner are that as in the earlier two writ petitions, he had been the Perokar of the Bhandar and filed affidavits in support of the contentions




































































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