VIPNAN SAHKARI SAMSTHA Vs. SUDHIR MOHAN YADAV

JUDGEMENT

(1.) APPELLANT society has preferred Second Appeal u/s 78 (2) of M.P. Cooperative Societies Act, 1960 (for short 'the Act') challenging the order dated 30.3.2002 passed by Joint Registrar Cooperative Societies, Bhopal in Appeal No. 78-02/2000.

(2.) FACTS leading to this Second Appeal are that the respondent No. 1 was appointed as Manager of the appellant society vide approval order dated 27.11.1959 of Registrar Cooperative Societies, MP. The appellant society vide Resolution dated 24.2.1975 regularized the service of Respondent No. 1. Respondent No. 1 was placed under suspension by Respondent No. 2 on 13.12.1977 on certain charges of defalcation. Respondent No. 1 was also served with the charges and show cause notice on 31.12.1977 and the same was served upon him on 2.1.1978. Respondent No. 1 was dismissed on 10.1.1978. Being aggrieved with it the respondent No. 1 filed a dispute u/s 55 (2) of the Act in the Court of Registrar, Cooperative Societies, MP, Bhopal on 6.2.1978 and the same was transferred by Registrar Cooperative Societies MP to Dy. Registrar, Bhopal vide order dated 30.3.1978. The same was registered as Case No. C-14/77-78. Dy. Registrar, Bhopal transferred the aforesaid case to Assistant Registrar Raisen on 27.9.1979 (Case No. 55 {2)1 1980). Assistant Registrar Raisen vide order dated 17.1.1980 set aside the dismissal order dated 10.1.1978 of Respondent No. 1. The appellant society preferred First Appeal No. 77-2/80 in the Court of Joint Registrar, Bhopal. Joint Registrar, Bhopal vide order dated 29.9.1980 allowed the appeal and remanded the dispute to Assistant Registrar Raisen to adjudicate the matter afresh, who vide order dated 29.5.1981 set-aside the order of dismissal and directed the appellant society to reinstate him, but disallowed the back wages. The appellant society challenged the aforesaid order of Assistant Registrar,Raisen before Joint Registrar, Bhopal in Appeal No. 77-35/1981. Joint Registrar, Bhopal vide order dated 5.7.1982 remanded the case to Assistant Registrar, Raisen to adjudicate it afresh. Assistant Registrar Raisen dismissed the dispute in default on 28.1.1987 due to the absence of the respondent No.1. The respondent No. 1 obtained the certified copy of the order dated 28.1.1987 on 27.9.1989 and preferred Appeal before Joint Registrar, Bhopal in Appeal No. 77-30/1989, who vide order dated 31.8.1991 set aside the aforesaid order of Assistant Registrar and remanded the case to Assistant Registrar, Raisen to adjudicate it on merit. Ultimately Dy. Registrar, Raisen vide order dated 29.2.2000 non-suited the respondent No. 1 and upheld his dismissal. The respondent No. 1 challenged the aforesaid order in the Court of Joint Registrar, Bhopal in Appeal No. 78-2/2000, who vide impugned order dated 30.3.2002 set aside the order of Dy. Registrar and held the dismissal as illegal. Joint Registrar disallowed the back wages on the principle of'No work no Pay'. However, the respondent No. 1 was held eligible for benefits of promotion, seniority and other consequential benefits. Hence this Second Appeal.

(3.) DY Registrar in his order dated 29.2.2000 upheld the dismissal order of the respondent No. 1. The aforesaid order of the Dy. Registrar has been interfered by the First Appellate Court on two counts, namely,