PRABHUDAYAL Vs. KRISHI UPAJ MANDI SAMITI, KELARAS

JUDGEMENT

(1.) BY this petition under Art. 226 of the Constitution of India, the petitioner has prayed that the order of his dismissal by the Krishi Upaj Mandi Samiti, Kelaras dated June 28, 1972 be quashed.

(2.) THE petitioner was appointed as a Nakeder by Krishi Upaj Mandi Samiti Kelaras on 4 -11 -1963. The President of the said Samiti found certain grave irregularities in the work of the petitioner and consequently called upon the petitioner to explain them and thereafter handed over a charge -sheet to the petitioner. The matter was enquired into and the Samiti by its resolution dated 28 -6 -72 dismissed the petitioner.

(3.) AFTER having examined the relevant provisions of the M.P. Agricultural Produce Markets Act, 1960 and the Rules made thereunder, we have come to the conclusion that there is no substance in the petitioner's contention. Section 38 of the Act confers power on the State Government to make Rules for carrying out the purposes of this Act and it is mentioned under sub -section (2) of this section that in particular and without prejudice to the generality of the foregoing provisions such rules may provide for or regulate certain specific matters enumerated in para. (2)(i) to (xxv). Section 39 of the Act confers power on a market committee to make bye -laws. We may here reproduce relevant portion of section 39 : -