KRISHI UPAJ MANDI SAMITI, MHOW Vs. SHREERAM CHOUDHARY

JUDGEMENT

(1.) THIS appeal u/s. 100 of the Code of Civil Procedure, 1908 is directed against the judgment and decree dated 21.1.88 passed by the Addl. Judge to the Court of Distt. Judge, Indore, at Mhow, in Civil First Appeal No. 23 -A/83, affirming the judgment and decree dated 30.7.83 passed by the Civil Judge, Class II, Mhow, in Civil Original Suit No. 65 -A/78 decreeing suit of plaintiff -respondent No.1 for declaration and permanent injunction.

(2.) THE respondent No.1, Shreeram Chaudhary was appointed as Secretary by the Krishi Upaj Mandi Samiti, Mhow, on 1.1.73. His appointment was approved by the Dy. Director, Mandis on 25.5.74. Later on, the Director, Mandis, Govt. of M.P., Bhopal, by his order dated 16.2.76 approved the name of the respondent -plaintiff for being sent to Lukhnow for some departmental training and also required him to execute a bond that he after completion of the training shall serve the market committee for 5 years. It is no more in dispute that the plaintiff -respondent had executed the requisite bond and also undergone the said training. However, the Director by his subsequent order dated 27.9.77 directed for cancellation of the appointment order of the plaintiff -respondent on the ground that the appointment was made without seeking his approval as -required by Rule 38 of the M.P. Agriculture Produce Market Rules, 1962 (for short, 'the Rules 1962'), framed u/S. 38 of the M.P. Agricultural Produce Market Act, 1960 (for short, 'the Act, 1960'). In pursuance of this order of the Director, the appellant Mandi Samiti passed order dated 1.12.77 cancelling the order of appointment of plaintiff -respondent and discharging him from service.

(3.) THE suit was resisted by the appellant and the respondents No.2 to 6. They maintained that the order of appointment was void ab -initio as no approval of - the Director in terms of Rule 38 was obtained. They further contended that the suit for declaration simplicitor was not maintainable.