Order on Board

9.8.2021

1.Proceedings of this matter has been taken-up through video conferencing.

2.The petitioner herein (died during the pendency of this writ petition and his legal representatives have been brought on record) calls in question legality, validity and correctness of the impugned order dated 5.5.2009 (Annexure P-1) by which the Additional Registrar, Cooperative Societies, Chhattisgarh has set-aside the order passed by the Joint Registrar, Cooperative Societies dated 28.11.2008 affirming the order of the Deputy Registrar, Cooperative Societies dated 26.2.1991.

3. The original petitioner was Samiti Sevak in Jila Sahakari Kendriya Bank Maryadit, Jagdalpur, he was placed under suspension on 18.9.69 for causing loss to the bank and making embezzlement by fabricating documents, for which he was also prosecuted by criminal Court for offences under Sections 409 and 467 of the IPC, but he was acquitted by the jurisdictional criminal Court on 12.9.74. Thereafter, on 31.3.76 the petitioner raised co-operative dispute under Section 64 of the Madhya Pradesh Co-operative Societies Act, 1960 (hereinafter called as 'Act of 1960') to the then Registrar, Cooperative Societies, Bhopal. The Registrar by order dated 16.10.76 converted the said co-operative dispute in a proceedings under Section 55(2) of the Act of 1960 and referred the matter to the Deputy Registrar, Cooperative Societies, Kanker for revocation of suspension and arrears of salary etc. The Deputy Registrar, Cooperative Societies, Kanker by order dated 26.2.91 (Annexure P-2) revoked the suspension of the petitioner and directed for reinstated with all consequential service benefits, which the respondent-Bank challenged by way of first appeal under Section 77/78 of the Act of 1960 and also took a specific plea that application under Section 55(2) of the Act of 1960 was barred by limitation. The Joint Registrar, Cooperative Societies/First Appellate Authority by its order dated 28.11.2008 (Annexure P-3) dismissed the appeal preferred by the respondent-Bank. Thereafter, second appeal was preferred against that order by the respondent-Bank before the Registrar, Cooperative Societies. The Additional Registrar, Cooperative Societies by the impugned order dated 5.5.2009 (Annexure P-1) set-aside the orders passed by the Joint Registrar, Cooperative Societies on 28.11.2008 and the Deputy Registrar, Cooperative Societies on 26.2.1991 and dismissed the original application dated 31.3.1976 filed by the original petitioner holding that application under Section 55(2) of the Act of 1960 was barred by limitation as it could have been preferred within thirty days from the date of suspension dated 18.9.69, however, directed for payment of subsistence allowance, if any.

4. The petitioner has called in question legality, validity and correctness of the order dated 5.5.2009 passed by the Additional Registrar, Cooperative Societies, Chhattisgarh granting the appeal preferred by the respondent-Bank stating inter-alia that the Additional Registrar has committed grave legal error in allowing the appeal and rejecting his application as the petitioner's application under Section 64 of the Act of 1960 as barred by limitation, which was not barred by proviso to Section 55(2) of the Act of 1960, as such, the writ petition be allowed and the order of the Additional Registrar, Cooperative Societies, Chhattisgarh be set-aside and that of the Deputy Registrar as confirmed by the Joint Registrar be restored.

5.Return has been filed by the respondent-Bank justifying the order passed by the Additional Registrar, Cooperative Societies pleading that the writ petition has no merits and deserves to be dismissed.

6. Mr.Somkant Verma, learned counsel for the petitioner, would submit that the Additional Registrar, Cooperative Societies has committed grave legal error in entertaining the appeal and setting aside the orders passed by the Joint Registrar, Cooperative Societies confirming the order of the Deputy Re