ANANDILAL Vs. RATLAM CENTRAL CO OP BANK LTD

JUDGEMENT

(1.) The petitioner has filed this petition under Articles 226 and 227 of the Constitution of India with a prayer to decide the question of jurisdiction either of the Civil Court or the Registrar of Co-operative Societies in respect of the dispute or the claim of the petitioner.

(2.) Facts giving rise to this petition may be stated thus : The respondent No. 1, the Ratlam Central Co-operative Bank Ltd., Ratlam appointed the pelitioner on 1-5-58 and promoted him to the post of Sub-Accountant with effect from 1-10-60 as per Annexure-1. Though the petitioner was a permanent employee he was removed from service by respondent No. 1 by an order of dismissal dated 16-2-61 Annexure-2. Before this order, a charge sheet was given to the petitioner to which he replied but he was not supplied with the copy of the enquiry report nor was he given personal hearing before the Managing Committee to put up the case of the petitioner. Further according to him the charges levelled against the petitioner were wrong no procedure was followed nor principles of natural justice were adhered to. Therefore, according to the petitioner the order of dismissal is illegal and void.

(3.) At the time when the order of dismissal was passed the M. B. Cooperative Societies Act, 1955 was in force and according to Section 67 of that Act it is provided that if any dispute touching the Constitution or the business of the Society (other than dispute regarding disciplinary action taken by the Society or its committee against the paid servants of the Society) arises such dispute shall be referred to the Registrar for decision. Thus, the dispute regarding disciplinary action was not covered under Section 67 and the Registrar or his subordinates had no jurisdiction to entertain any claim or dispute and further that they had no jurisdiction to consider the dispute regarding the disciplinary action.