(1.) Heard Sri P.N. Saxena, Senior Advocate assisted by Sri Balwant Singh, Advocate for the petitioner and Sri H.R. Mishra Senior Advocate assisted by Sri Abhishek Mishra for respondent No. 2. No one is present on behalf of respondent No. 1, though list has been revised. With consent of learned Counsel for the parties, this writ petition is being disposed of at the admission stage, as per rules of the Court.
(2.) The petitioner is a registered co-operative society within the meaning of Multi-State Co-operative Societies Act, 2002 (hereinafter referred to as 'the Act') and is governed by its own bylaws.
(3.) The respondent No. 2 was employee of the petitioner society. It appears that disciplinary proceedings were drawn against the respondent No. 2 by the Board of Directors of the petitioner society and he was served with a suspension order and a show cause notice. Later on, a charge-sheet was issued to him on 18.11.2011, to which the petitioner replied on 5.12.2011. The Board of Directors did not find the explanation satisfactory and terminated the services of respondent No. 2 vide order dated 30.12.2011. Aggrieved by the termination order, respondent No. 2 appears to have made representations dated 24.1.2012 and 21.4.2012 to the Central Registrar, Co-operative Societies, New Delhi. On receipt of the aforesaid representations, the Central Registrar, Co-operative Societies, New Delhi by impugned order dated 18.9.2012 held that the dispute raised by the respondent No. 2 vide it's representations dated 24.1.2012 and 21.4.2012 does not fall within the ambit of section 84 of the Act. However, it proceeded to hold that personal hearing was not afforded to respondent No. 2 by the Board of Directors before dispensing with his service, thus, order of dismissal is in breach of principles of natural justice. It accordingly directed the Board of Directors to reconsider their decision, by following principles of natural justice and in the meantime, re-instate the petitioner with all consequential benefits. Aggrieved by the said order, the petitioner society has filed the instant writ petition.