REKHA MATHUR Vs. PRINCIPAL SECRETARY CO OPERATIVE DEPARTMENT

JUDGEMENT

(1.) BY filing this petition under Article 226/227 of the Constitution of India the petitioner has challenged the order dated 11-9-2002 (Annexure P-1) by which she has been compulsorily retired and also the order dated 15-2-2003 (Annexure P-2) by which the disciplinary proceedings are initiated against her by the second respondent.

(2.) THE petitioner contends that she was working on the post of 'internal Audit Officer' with the second respondent M. P. State Co-operative housing Federation Ltd. She alleges that the order of her compulsory retirement and the initiation of the disciplinary proceeding against her are contrary to law and being ex-facie illegal are liable to be quashed by this Court.

(3.) THE second respondent contends that the petitioner being employee of it which is a Housing Co-operative Society, she has got an alternative and efficacious remedy of approaching the competent authority under Section 55 (2) of the M. P. Co-operative Societies Act (for short 'act'), 1960 for the relief's claimed in this writ petition. The second respondent also contends that in this writ petition several disputed question of facts are involved which cannot be gone into by this Court. The second respondent also raised a preliminary objection, placing reliance on the Full Bench decision of this Court passed in the case of Dinesh Kumar Sharma Vs. M. P. Dugdh Mahasangh Sahkari maryadit and Another (1993 MPLJ 786) and also on the judgment of the Supreme court in case of General Manager, Kisan Sahkari Chini Mills Ltd. , Sultanpur U. P. Vs. Satrughan Nishad and others [2003 (8) SCC 639] as to the maintainability of this writ petition. According to the second respondent, this Court has no jurisdiction to issue writ against a Co-operative Society in regard to the reliefs claimed by the petitioner.