Jurisdictional error and misinterpretation of court orders by a delegated authority can lead to the quashing of their decisions.

JUDGMENT

(Prayer: Writ Petition is filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Certiorari, calling for the records of the second respondent in his order dated 29.10.2010 in Na.Ka.No.4338/2009 Ma.Va., and quash the same.)

The writ petitioner is a Cooperative Society registered under the provisions of the Tamil Nadu Cooperative Societies Act, 1983 [hereinafter referred to as the 'Act', in short]. The order passed by the second respondent-Deputy Registrar of Cooperative Societies in proceedings dated 29.10.2010 regulating the period of absence of the fourth respondent-employee, is under challenge in the present writ petition.

2. The petitioner states that on 14.10.2009, respondents 1 and 2 transferred the fourth respondent to the third respondent-Villupuram District Consumer Cooperative Wholesale Stores. Consequently, the writ petitioner-Society relieved the fourth respondent on 14.10.2009. The fourth respondent had not joined duty in the third respondent- Villupuram District Consumer Cooperative Wholesale Stores and proceeded on leave. Thereafter, the fourth respondent filed WP No.22318 of 2009 and an order of status-quo was granted by this Court on 13.11.2009. However, the fourth respondent had not joined duty and continued to be absent. This Court passed final orders on 08.04.2010 in WP No.22318 of 2009 and the same reads as under:-

“8. In any event, the petitioner had gone on leave immediately on the passing of the order and hence, the question of this Court granting the prayer to regularise the service of the petitioner and to give a direction to the respondents to pass order in this regard, does not arise. In the circumstances, I do not find any justification to give any such direction. However, it is open to the petitioner to approach the authority for whatever relief he desires to seek in this regard. If and when such application is made, it is open to the respondents to pass such orders in accordance with law.”

3. Based on the orders passed by this Court, the second respondent-Deputy Registrar of Cooperative Societies erroneously passed an order sanctioning the leave for a period of 205 days of unauthorised absence. The said proceedings dated 29.10.2010 under challenge in the present writ petition.

4. On 16.11.2010, the fourth respondent received the leave salary without any objection. Thereafter he filed revision petition under Section 153 of the Tamil Nadu Cooperative Societies Act, challenging the order dated 29.10.2010 of the second respondent to treat the entire period of unauthorised absence as continuity of service. The said revision petition was dismissed. The fourth respondent filed separate revision petition in WP No.313 of 2015, challenging the order passed under Section 153 of the Act. The petitioner-Society filed the present writ petition challenging the order passed by the second respondent on 29.10.2010 mainly on the ground that the second respondent misconstrued the orders of this Court passed in WP No.22318 of 2009 and erroneously regulate the period of unauthorised absence as leave.

5. The learned counsel for the petitioner mainly contended that as per the provisions of the Tamil Nadu Cooperative Societies Act and based on the Notification issued under the provisions of the Act, the Deputy Registrar of Cooperative Societies is an incompetent authority to deal with the service matters relating to employees of the Cooperative Societies registered under the Act.

6. In this regard, the Government issued G.O.(2D) No.108, Cooperation, Food and Consumer Protection Department, dated 31.08.2005, delegating the powers of the Registrar of Cooperative Societies under the Act. As per the delegation of powers notified under the provisions of the Tamil Nadu Cooperative Societies Act, 1983, the Deputy Registrar of Cooperative Societies is not empowered to exercise the powers in respect of service matters of the employees working in the Cooperative Societies. The said power has be