KAILASH KUMAR KHARE Vs. JOINT REGISTRAR

JUDGEMENT

(1.) COPY of the dispute case which was filed by the petitioner under section 55 (2) of the M.P. Co-operative Societies Act is filed today by the ARCS Chhatarpur. It is taken on record. Parties heard.

(2.) PETITIONER in this revision petition is challenging the legality of the order dated 2.12.2000 passed by the Joint Registrar, Co-operative Societies, Headquarters, Bhopal under the following circumstances :-

(3.) THIS letter is under challenge in this revision petition. Learned petitioner counsel contended that the Joint Registrar has passed the order under challenge without hearing the petitioner and the said order is contrary to law, being violative of the principles of natural justice. In support of his contentions he has relied on a decision of the High Court reported in (State Bank of India & others v. Arvind Kumar Shukla) 1998 (2) JLJ 103. In this case it was observed that when there is disagreement of the disciplinary authority with the findings of the enquiry authority on different reasonings and the recommendations are made to the higher authority, such report would constitute an additional material for the consideration of the punishing authority for passing the final order. An employee would certainly be prejudiced, if he is not asked to make submissions or the representations or is not provided the opportunity of hearing, against such additional material, which came into existence behind his back. But in this case the Joint Registrar, headquarters was not the disciplinary authority and thus the case is distinguishable. Letter of Joint Registrar was only advisory in reply to the guidence sought by the disciplinary authority.