PARAMESWARAN NAIR Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant was the Secretary of the Ponani Producers cum Consumers Cooperative Society, registered under the Madras Cooperative Societies Act, 6 of 1932. He was discharged from service on March 25, 1960, as unqualified for the post. He filed a reference under S.51 of the Act before the Deputy Registrar of Cooperative Societies, who found the order illegal and void. The Society then preferred a revision before the Government of Kerala, who, without notice to the appellant, has reversed the order of the Deputy Registrar. The appellant submits that the Government, in revising the order of the Deputy Registrar was exercising a quasi judicial function and that having been exercised in violation of the principles of natural justice, the order may be set aside and a fresh disposal of the revision petition, after notice to him, may be directed by this Court. That prayer, when made before a learned Judge of this Court, has been disallowed, against which this appeal is preferred.

(2.) The counter affidavit filed in this case on behalf of the Government shows clearly that, in exercising revisional jurisdiction under S.57 of the Cooperative Societies Act, the Government has not issued notice to the appellant who is affected by the proceedings. It is stated that there is no provision in the Act for the revising Government to issue a notice to any party and therefore such notice is not obligatory. We do not agree. A reference under S.51 and a revision from any order passed thereon are quasi judicial proceedings. In the exercise of such jurisdiction, the party affected has to be given an opportunity of being heard. The reversal of the award of the Deputy Registrar having been made by Government without notice to the appellant, who had earned that award, cannot be sustained. We have therefore to quash the Governments order in revision and direct the Government to dispose of the revision petition afresh after notice to all the parties concerned.

(3.) We make it clear that by this judgment we are not expressing any opinion as to the jurisdiction or correctness of the proceedings had under S.51 or S.57 of the Cooperative Societies Act.