SADASHIVRAO MANDALIK KAGAL TALUKA SAHAKARI SAKHAR KARKHANA LTD Vs. REGIONAL JT DIRECTOR SUGAR KOLHAPUR REGION

JUDGEMENT

(1.) THOUGH all these Writ Petitions have been disposed off by me by passing separate order today i.e. 29th February, 2012, since I am unable to agree with the view taken by the learned Single Judge (Coram: R. M.S.Khandeparkar J.) in the case of ShriRavindra V. Gaikwad & others v/s. State of Maharashtra & others (2002 (2) All M. R. 489)I am passing this separate order requesting the Hon'ble Chief Justice to make a reference to a Larger Bench. In the said Judgment, in the case of Ravindra Gaikwad (supra), the learned Single Judge was considering the question whether the Secretary in the Ministry of Corporation has jurisdiction to hear and decide the Appeals filed under the MCS Act, 1960. Before the learned Single Judge, inter alia, the provision of Rule 105 of the MCS Rules 1961 were relied upon.

(2.) RULE 105 of the MCS Rules, 1961 reads thus:-

(3.) IN fact, the observations of the Full Bench made in paragraph 13, Rule 105 of MCS Act, 1961 was applicable and according to me, the observations made in the Full Bench Judgment, in fact, supports the conclusion that Rule 105 is in the form of statutory delegation to the Officers named therein who have been empowered to hear Appeals arising out of the MCS Act, 1960.