ZILA SAHKARI KENDRIYA BANK Vs. KUWARLAL PATEL

JUDGEMENT

(1.) BEING aggrieved by the order dated 8.05.2006 passed in Case No. 78-68/03 by the Joint Registrar Co-operative Societies, Jabalpur, the appellant has preferred this second appeal.

(2.) BRIEF facts leading to this appeal are that the appellant is District Central Co-operative Bank registered u/s. 9 of the Act. The respondents are the legal heirs of late Shri Kuwar Lal Patel, who was the Manager of Sewa Sahakari Samiti, Antari from 1976 to 1978 affiliated to the appellant Bank. The respondent had allegedly misappropriated an amount to the extent of Rs.38,073.18/- for which he had not been held responsible and was terminated from service on 1.12.1983. The criminal proceedings against the respondent were also initiated and he was charge sheeted under section 468,471,420,408 of IPC. The Sessions Judge Balaghat through, his order dated 27.1.2000 and 20.09.1999 acquitted the respondent. The respondent thereupon approached the appellant Bank for taking back him in service. He even approached Hon'ble High Court, Jabalpur. However, High Court in its order dated 13.12.2001 directed the appellant Bank to take the decision in the matter of the respondent within six months. The Board of the appellant Bank on 6.5.2002 dismissed the application of the respondent. On 3.10.2002 the respondent filed a dispute u/s 64 before the Deputy Registrar Co-operative Societies, Balaghat urging that since he had been acquitted in the criminal case his services be restored. Deputy Registrar in his order dated 8.9.2003 set aside the order of the termination of the respondent dated 1.12.1983 on the ground that as the respondent was acquitted by the Criminal Court his termination order could not stand. Therefore, he was reinstated in service with back-wages. Appellant Bank preferred First Appeal before Joint Registrar Co-operative Societies, Jabalpur, who dismissed this appeal in default on 8.5.2006. Appellant Bank further approached Hon'ble High Court against the order of the Joint Registrar, in which Hon'ble High Court in its order dated 17.10.2006 observed that the Appeal or Revision may be preferred before the appropriate Court. Therefore, this Second Appeal.

(3.) LEARNED counsel Shri Sanjay Bajpai appearing for the appellant Bank submitted that in light of the Notification of Government of Madhya Pradesh dated 26.7.1999, the Deputy Registrar Co-operative Societies, Balaghat does not have jurisdiction to decide the case in which appellant Bank is a party. Thus, according to the learned counsel since the order passed by the Deputy Registrar is without jurisdiction, it deserves to be set aside by this Tribunal.