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VINAY SARAF
VINAY UPADHYAY – Appellant
Versus
STATE OF Madhya Pradesh – Respondent
JUDGMENT :
VINAY SARAF, J.
1. In present petition filed under Article 226 of the Constitution of India, petitioner has challenged legality and validity of impugned order dated 2-1-2018 issued by Dy. Registrar, Co-operative Societies, Sagar, by which it was directed to President/Manager of Primarily Agriculture Credit Co-operative Society Limited to cancel the appointment of petitioner and report the same.
2. Learned counsel for petitioner assailed order of Dy. Registrar and consequential order dated 10-1-2018 issued by President, whereby the service of petitioner was terminated mainly on the ground that as per the service rules, the competent authority to take decision against petitioner is Manager of the society and Dy. Registrar had no authority, jurisdiction or competence to take any decision or issue any direction to Society for cancellation of appointment order of petitioner. It is also submitted that service rules were not followed in the decision making process and therefore, order is liable to be quashed. He relied on the following orders passed by Co-ordinate Benches.
3. The relevant portion of the order passed in W.P. No. 7088/2021 decided on 6-12-2023, Komal Prasad Basene vs
The Deputy Commissioner had no authority to deal with the orders passed by the governing body, and the respondent had not followed the proper procedure to challenge the termination order before the C....
Termination orders that are stigmatic require adherence to principles of natural justice, including an opportunity for the employee to be heard before any punitive action is taken.
The Assistant Registrar of Cooperative Societies cannot restore a suspension already lifted by the Committee, as such authority is not vested under the Odisha Cooperative Societies Act.
The court upheld the authority of the Registrar to act without a fresh enquiry based on existing findings of misconduct, affirming the validity of the impugned order under the Telangana Cooperative S....
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.
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