IN THE HIGH COURT OF MADHYA PRADESH
Sujoy Paul, J.
Ramesh Kumar Gautam and others v. State of M.P. and others
Writ Petition No.1475 of 2016 with 27 others (Jabalpur);
Decided on 12.7.2016.
¼2½ Hkkjr dk lafo/kku & vuq-226 rFkk 227 & e-iz- lgdkjh lkslkbVh vfèkfu;e] 1960 & /kkjk 55¼2½ & lsok fookn & 1960 ds vf/kfu;e ds v/khu vuqdYih mipkj miyH; & fjV ;kfpdk xzg.k ugha dh tkuk pkfg,A fjV ;kfpdk Ø-336 lu~ 2016% fu.khZr fnukad 10-5-2016 rFkk fjV ;kfpdk Ø-21480 lu~ 2015% fu.khZr fnukad 15-12-2015 voyafcrA ¼2004½3 ,l lh lh 440 rFkk ¼2010½9 ,l lh lh 434 vuqlfjrA 1994 jk fu 400 ¼mPp U;k- [kaM U;k;kihB½ rFkk ¼2006½12 ,l lh lh 33 fufnZ"VA ¼iSjk 9
(1) Cooperative Societies Act, 1960 (M.P.) -- Ss.53(1), 49, 55(2) and 3 -- Constitution of India -- Art.227 -- resolution about promotion of bank employees -- passed by Staff Sub-Committee and Board of Directors -- dissolution of Board of Directors -- Administrator appointed -- such resolution declared null and void by Administrator -- show cause notice issued to employees -- writ petition against it -- matter relating to service dispute -- alternative remedy available under the Act of 1960 -- petition not entertained. [Para 9
(2) Constitution of India -- Arts.226 and 227 -- M.P. Cooperative Societies Act, 1960 -- S.55(2) -- service dispute -- alternative remedy available under the Act of 1960 -- writ petition should not be entertained. Writ Petition No.336 of 2016; decided on 10.5.2016 and Writ Petition No.21480 of 2015; decided on 15.12.2015 relied on. (2004)3 SCC 440 and (2010)9 SCC 434 followed. 1994 RN 400 (HC - DB) and (2006)12 SCC 33 referred to. [Para 9
1. These batch of petitions were analogously heard on the joint request of the parties and are decided by this common order.
2. Facts are taken from Writ Petition No.649/2016 and Writ Petition No.21281/2015. The petitioners have prayed for quashing of resolution dated 8.5.2015, communication dated 29.6.2015 and letter dated 30.11.2015. It is contended by learned counsel for the petitioners that Assistant Registrar, Cooperative Societies approved the resolution passed by the General Manager as legal on the strength of which petitioner was appointed initially on the post of Sahayak Samiti Sevak at the fixed rate of Rs.500/-. The Board of Directors vide order dated 8.5.1998 approved the Collector rate in favour of the petitioner. Subsequently, by resolution dated 5.9.2008, Staff Sub-Committee gave regular pay-scale to the petitioner. The petitioner was further promoted by order dated 11.5.2012 Annexure P-11. Thus, this petitioner in Writ Petition No.649/2016 is employed since 15.9.1995. He was never subjected to any disciplinary/department action. It is urged that on dissolution of Board of Directors, charge was taken over by the Collector as Administrator of Zila Sahkari Kendriya Bank Maryadit, Sidhi. Certain resolutions were passed by Staff Sub Committee and Board of Directors whereby resolution of promotion given in favour of the petitioner was declared as null and void. It is submitted that resolution by way of circular is permissible only when there is an emergent situation and not otherwise. There was no such situation prevailing and hence such a resolution could not have been passed. It is further urged that the annulment of proceedings of Societies by successor Board of Directors is without there being any previous approval in writing by Registrar, Cooperative Society. By filing written submissions in Writ Petition No.649/2016, it is submitted that if impugned orders are not quashed, interim order may be continued for the period petitioner's representation is considered by respondents. It is further stated that as per section 3 of the Madhya Pradesh Cooperative Societies Act, 1960 (for short 'Act'), Additional Registrar, Joint Registrar/Assistant Registrar can be appointed to assist a Registrar. Thus, action taken by the Sub-ordinate Registrar cannot be termed as illegal. It is argued that petitioner cannot be made to suffer for the misconduct on the part of the Board of Directors /Staff Sub Committee in appointing them. By taking assistance from [1994 RN 400=1993 MPLJ 786] (Dinesh Kumar Sharma v. M.P. Dugdha Mahasangh Sahkari Maryadit and another), it is prayed that despite availability of alternative remedy, this matter be entertained.
3. Written submissions are filed in Writ Petition No.649/2016, Writ Petition No.21281/2015 and Writ Petition No.1129/2016. It is common ground that show cause notice is nothing but an eyewash because decision has already been taken to terminate the services of the petitioner. Reliance is placed on [(2006)12 SCC 33] (Siemens Ltd. v. State of Maharashtra and others) and [2004(3) SCC 440] (Special Director and another v. Mohd. Ghulam Ghouse and another). It is urged that the notice suffers from jurisdictional error and hence petition can be entertained. In written submissions, it is urged that petitioners filed their reply before the authorities and they be directed to consider their cases objectively by considering the entire record. Apart from this, it is submitted that resolution filed by the bank along with the reply is not in accordance with section 49(b) of the Act. Section 49 confers power for annulment of proceedings of society to the successor Board of Directors. The Administrator is only an arrangement for intermediate period when the elected Board of Directors is not functional. He could not have executed the earlier resolution of Board/Staff Sub-Committee. Reliance is placed on certain judgments of Supreme Court which deal with fair play in issuing the administrative order a
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