IMPORTANT POINT
The Registrar under the Uttar Pradesh Cooperative Societies Act has the authority to annul resolutions, including dismissals, ensuring no individual is left without a remedy.

JUDGMENT :

AJIT KUMAR, J.

1. Heard Sri Jeetendra Singh, learned counsel for the petitioner and Sri Yashwant Singh, learned counsel for the respondent nos. 1 to 4.

2. By means of this petition filed under Article 226 of Constitution of India, petitioner has assailed the order passed by the Secretary of the District Cooperative Bank Limited, Kanpur dated 01.06.2024 whereby he has been dismissed from the employment of the Bank through a resolution adopted by the Committee, dated 18.09.2023.

3. A preliminary objection has been raised by Sri Yashwant Singh, learned counsel for the respondent to the effect that the petitioner has efficacious remedy to challenge the resolution of the Committee of Management which has resulted in the order dated 01.06.2024 before the Registrar, Cooperative Societies under Section 128 of the Uttar Pradesh Cooperative Societies Act, 1965. He has also placed reliance upon a judgment of a Coordinate Bench of this Court dated 17.10.2014 in the matter of Ranvijay Singh Bhadauria v. State of Uttar Pradesh and others passed in Writ (A) No. 39967 of 2008 whereunder the Court had declined to entertain the petition against the order of dismissal from the service on the ground that the Registrar, Cooperative Societies has requisite residuary and supervisory powers to deal with the resolution adopted by the Committee of Management and annul the same.

4. Meeting the arguments, Sri Jeetendra Singh, learned counsel for the petitioner has placed before the Court relevant provisions as contained under the Uttar Pradesh Cooperative Societies Employees Service Regulations, 1975, according to which against the order of dismissal no forum of appeal has been provided. Sri Singh, learned counsel has also placed before the Court the provisions as contained under Section 84 which provide for penalties and one of them is Clause (iv) dismissal from service whereas other penalties are of different nature and vide Regulation 86 of the Regulations the penalties imposed under Clause (a) to (d) of Clause (i) of Regulation 84 only have been made appealable before the authority as mentioned in Appendix-D. The penalties as contained under Clause (e) and (g) sub-clause (i) of Clause 84 only the prior permission concurrence of the Institutional Service Board is required. He further argues that since there is no forum of appeal therefore this Court may entertain this petition.

5. Having heard learned counsel for the parties and having perused the records and particularly after going through the relevant provisions as contained under Section 128 of Uttar Pradesh Cooperative Societies Act, 1965, I find that the Registrar has been vested with all the residuary powers to deal with the resolutions adopted by the Committee of Management being of whatever nature and has power to annul such resolution. The relevant provision under Section 128 of the Uttar Pradesh Cooperative Societies Act, 1965 are reproduced hereunder:

“128. Registrar's power to annul resolution of a co-operative society or cancel order passed by an officer of a co-operative society in certain cases:

The Registrar may:

(i) annul any resolution passed by the Committee of Management, or the general body of any co-operative society.

(ii) cancel any order passed by an officer of a co-operative society.

If he is of the opinion that the resolution or the order, as the case may be, is not covered by the objects of the society, or is in contravention of the provisions of this Act, the rules or the bye-laws of the society, whereupon every such resolution or order shall become void and inoperative and be deleted from the records of the society.......”

6. I further notice that a concurrent Bench of this Court in the matter of Ranvijay Singh Bhadauria (Supra) has already followed order and judgment of this Court of the Division Bench of this Court in the case of Nand Kishor v. State of Uttar Pradesh and others, 2008 (26) LCD 428 to hold that the power vested with Registrar, Cooperative Societies under S