IN THE HIGH COURT OF ALLAHABAD
V. D. Bhargava, J.
DALEL SINGH - Appellant
Versus
HONORARY SECRETARY, CO-OPERATIVE UNION LTD., U.P., LUCKNOW - Respondents
Civil Misc. Writ 195 Of 1955
Decided On : 08/09/1955
CO-OPERATIVE SOCIETY - APPOINTMENT AND DISMISSAL OF EMPLOYEES - POWERS OF REGISTRAR AND STATE GOVERNMENT - WRIT JURISDICTION - SCOPE - WRIT OF CERTIORARI - WRIT OF MANDAMUS - INDUSTRIAL DISPUTES ACT - APPLICABILITY.
Fact of the Case:
The petitioner, an employee of a co-operative society, was suspended and later dismissed from service after being convicted under Section 409, I.P.C. He was acquitted by the Sessions Judge, but the co-operative society did not reinstate him. The petitioner filed a writ petition seeking reinstatement, quashing of the dismissal order, and payment of arrears of salary and subsistence allowance.
Finding of the Court:
The court held that the petitioner was not an employee of the government or the Registrar, Co-operative Societies, but of the co-operative society. The Registrar and the State Government had no power to interfere in the day-to-day administration of the society, including the appointment and dismissal of employees. The court also held that the petitioner was not entitled to reinstatement as he was a temporary employee and could be removed without any reason. The court further held that the petitioner was given an opportunity to be heard before his dismissal and that the order of dismissal was not passed under a quasi-judicial jurisdiction. Therefore, a writ of certiorari could not be issued to quash the order. The court also held that it could not issue a writ of mandamus to the Registrar or the Honorary Secretary of the co-operative society to reinstate the petitioner as it would be interfering in the internal affairs of the society.
Issues: 1. Whether the Registrar, Co-operative Societies, and the State Government had the power to interfere in the appointment and dismissal of employees of a co-operative society. 2. Whether the petitioner was entitled to reinstatement after being acquitted of the criminal charges against him. 3. Whether the petitioner was given an opportunity to be heard before his dismissal. 4. Whether a writ of certiorari could be issued to quash the order of dismissal. 5. Whether a writ of mandamus could be issued to the Registrar or the Honorary Secretary of the co-operative society to reinstate the petitioner.
Ratio Decidendi: 1. The Registrar, Co-operative Societies, and the State Government had no power to interfere in the day-to-day administration of the co-operative society, including the appointment and dismissal of employees. 2. The petitioner was not entitled to reinstatement as he was a temporary employee and could be removed without any reason. 3. The petitioner was given an opportunity to be heard before his dismissal. 4. A writ of certiorari could not be issued to quash the order of dismissal as it was not passed under a quasi-judicial jurisdiction. 5. A writ of mandamus could not be issued to the Registrar or the Honorary Secretary of the co-operative society to reinstate the petitioner as it would be interfering in the internal affairs of the society.
Final Decision: The petition was dismissed with costs.
( 1 ) THIS is a petition under Article 226 of the Constitution. According to the petitioner he was a supervisor appointed on 17-8-1947 in the Co-operative Union Limited, Lucknow, which is a co-operative Society registered under the Co-operative Societies Act. He alleges that his services were under the Registrar Co-operative Societies, Lucknow. While he was holding this post he was in charge of the Branch Union at Chandausi. On 8-3-1950 the application went on leave and he entrusted the store in his absence to one Chandrapal. Kamdar who also after a week, on 16-3-1950, went away without the permission of his superior officer and entrusted the work to one Ganeshi Lal, Salesman of the Union. In the meantime owing to some ill will his name was mentioned in connection with a case under section 363, I. P. C. On account of this the Registrar ordered his suspension till the case under section 363, I. P. C. , was decided. Later on the case under Section 363 was not proceeded with. But the cooperative society started investigation against the applicant and the other two persons chandrapal Kamdar and Ganeshi Lal for misappropriation that was alleged to have taken place in the Union during the time when the applicant was on leave. On 19-8-1950 after the investigation a certain explanation was asked for from the applicant and he was asked to give his reply to the Assistant Registrar, Co-operative Societies about the irregularities and charges which were handed over to him on 29-8-1950 the applicant sent his explanation of all the charges and irregularities which were levelled against him and he in this explanation said that those irregularities and misappropriation had been committed by other employees of the Society when the applicant was on leave. It appears that the Union and the Assistant Registrar were not satisfied with the explanation and a case under Section 409, I. P. C. , was started against the applicant and the two other men chandrapal Kamdar and Ganeshi Lal and this case was registered on 12-2-1951. The applicant says that he was quite ignorant of these proceedings and, therefore, on 17-2-1951 he applied to the Registrar, that since proceedings of the case under Section 363, I. P. C. , had been dropped against him and he was not found guilty of any offence during the investigation of which he had been suspeneded, he might be reinstated to his original post. The Honorary Secretary, U. P. Co-operative Union by his letter dated 24-2-1951, asked the applicant to submit his explanation to the Assistant Registrar of the charges which were framed by that officer and to attend the office of the Assistant Registrar at once. It was further ordered that he would be entitled to subsistence allowance. The applicant on 1-3-4951 sent his reply to the Honorary Secretary that he had already submitted his explanation on 29-8-1350 for the charges levelled against him. The case under Section 409, I. P. C; proceeded and it appears that during the pendency of this case nothing was done by the Union about the applicant and he continued to be under suspension. On 14-7-1950 the Assistant Sessions Judge recorded a conviction of the, applicant under Section 409, I. P. C. , and ordered him to undergo a sentence of two years rigorous imprisonment and to pay a fine of Rs. 2000/- The applicant filed an appeal before the Sessions Judge of Aligarh who on 4-1-1954 acquitted the applicant. Thereafter on 4-2-1954 the petitioner again applied to the registiar, Co-operative Societies, Lucknow, that since he had been acquitted he might be restored, and on 1/7/1954 he sent a reminder to the Registrar. It appears that the Registrar forwarded this letter and the reminder to the Hononary Secretary of the Union for necessary action as he was the real person who could restore the applicant. The honarary Secretary informed the applicant on 10-7-1954 that he was not aware of the judgment of the criminal case acquitting the applicant and, therefore he wa
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.