NILAMANI LENKA Vs. REGISTRAR CO-OPERATIVE SOCIETIES

JUDGEMENT

(1.) THE only contention advanced before us is that the Registrar has no power of revision against an order passed in appeal by the Deputy Registrar against an award passed by the Assistant Registrar. Facts relevant to this point may only be stated. THE Assistant Registrar passed an award. THE Deputy Registrar in appeal exonerated the petitioner from liability. A revision against the order of the Deputy Registrar is pending before the Registrar. This petition has been filed asking for a writ to restrain the Registrar (opp. party No. 1) from hearing the revision application on the ground that he has no jurisdiction.

(2.) THE revisional power is conferred on the Registrar by Section 112 (1) of the Orissa Co-operative Societies Act, 1962 (hereinafter to be referred to as the Act). It runs thus :" 112 (1) THE Registrar may, of his own motion or on application by any person, considering himself aggrieved and after giving the parties concerned a reasonable opportunity of being heard, call for and examine the record of any proceedings before any authority subordinate to him in which no appeal lies, for the purpose of satisfying himself as to the legality or propriety of any decision made or order passed and may pass such order thereon as he deems fit." On a plain reading of the sub-section, it is clear that the Registrar has power to examine the record of any proceeding before any authority subordinate to him in which no appeal lies. Admittedly, no second appeal lies in this case. THE short question for consideration is whether the Deputy Registrar is an authority subordinate to the Registrar, so that the power of revision can be exercised.