UMAKANTA PAL Vs. BANCHHANIDHI SWAIN

JUDGEMENT

(1.) DEFENDANTS are the appellants against a reversing judgment passed by the Subordinate Judge, Nayagarh, holding that the order of dismissal passed by defendant No. 1 against the plaintiff is null and void.

(2.) PLAINTIFF filed the suit for a declaration that the order of dismissal dismissing him from service passed by defendant No. 1 was null and void, since defendant No. 1 had ceased to be the administrator of the Regional Cooperative Marketing Society Limited, Nayagarh, with effect from 11.7.1973, on the following averments. The plaintiff was appointed as Secretary of the Regional Cooperative Marketing Society (for short, 'R. C. M. S.'). In a proceeding under Section 32 of the Orissa Co -operative Societies Act (hereinafter referred to as the 'Act') against the committee of Management of the R. C. M. S. The Deputy Registrar, Co -operative Society, passed an order on 10.7.1972 superseding the committee of Management and appointed the Assistant Registrar of Co -operative Societies, Khurda Circle, as the Administrator for a period of one year from the date he assumed charge of the institution. The said Assistant Registrar assumed charge as Administrator of the R. C. M. S. on 17.7.1972. The order of supersession was unsuccessfully challenged before the Registrar by the management of the Society and then a further revision was carried to the State Government. The revisional authority passed an order on 13.10.1972 staying operation of the order of supersession 24.7.1972, the plaintiff applied for leave and was sanctioned four months, leave by the President of the Society. The plaintiff was suspended from service on 19.11.1972 by defendant No. 1 the Deputy Registrar, as the Administrator of the Society. A proceeding had been taken by the Administrator against the plaintiff behind his back and ultimately after finding him guilty, an order of dismissal was passed against him on 5.9.1973. According to the plaint averment, the Administrator who had assumed charge of the management of the society on 17.7.1972 became functus officio on 17.7.1973 after expiry of one year and, therefore, had no jurisdiction to pass the order of dismissal on 5.9.1973.

(3.) ON these pleadings, the learned Munsif formed six issues and found that the suit was clearly barred under Section 121(3) of the Act in view of the said finding, he though it unnecessary to decide any other issues.