RAJ NARAIN AWASTHI Vs. REGISTRAR, CO

JUDGEMENT

(1.) A resolution was passed in favour of the petitioners. It was proposed to give the petitioner No. 1 appointment on compassionate ground. Copy of the order has been placed on record as Annexure P/3. This has, however, been annulled by the Registrar, Co-operative Societies. The Registrar, Co-operativce Societies, has exercised power under section 49-A of the M.P. Co-operative Societies Act, 1960.

(2.) The only argument which has been raised by the learned counsel appearing for the petitioners is that no order would prejudice to the rights of the petitioners, as no opportunity of hearing was afforded to them.

(3.) The requirement to give an opportunity is a must. There is a Full Bench decision given by the Punjab & Haryana High Court in case of Hans Raj Sachdeva, Secretary, Municipal Committee Vs. The State of Punjab and others, 1975 Lab.I.C. 478, wherein it was held that opportunity is required to be given even where the statute is silent about the requirement to give opportunity. The same view has been expressed by the Punjab and Haryana High Court in the case of M/s. Chaman Lal and Sons Vs. State of Punjab and others, AIR 1974 Punjab and Haryana 43; and, Jathedar Jagdev Singh and others Vs. The State of Punjab, AIR 1982 Punjab and Haryana 16. A Division Bench of this Court in case of Sanjay Kumar Dixit Vs. Collector, Jabalpur and others, 1994(1) Vibha 137, has expressed similar opinion in the following words:-