VINAY UPADHYAY Vs. STATE OF M.P.

JUDGEMENT

(1.) In present petition filed under Article 226 of the Constitution of India, petitioner has challenged legality and validity of impugned order dated 02. 01.2018 issued by Dy. Registrar, Cooperative Societies, Sagar, by which it was directed to President/Manager of Primarily Agriculture Credit Cooperative Society Limited to cancel the appointment of petitioner and report the same.

(2.) Learned counsel for petitioner assailed order of Dy. Registrar and consequential order dtd. 10/1/2018 issued by President, whereby the service of petitioner was terminated mainly on the ground that as per the service rules, the competent authority to take decision against petitioner is Manager of the society and Dy. Registrar had no authority, jurisdiction or competence to take any decision or issue any direction to Society for cancellation of appointment order of petitioner. It is also submitted that service rules were not followed in the decision making process and therefore, order is liable to be quashed. He relied on the following orders passed by Co-ordinate Benches.

(3.) The relevant portion of the order passed in W.P. No.7088/2021 decided on 6/12/2023 (Komal Prasad Basene vs. State of M.P. and others) are extracted herein below:-