THE CENTRAL CO Vs. THE SECRETARY CO

JUDGEMENT

(1.) Gagan Narula, respondent No. 4 was employed by Central Cooperative Consumer's Store Limited (hereinafter referred to as the Society) and was working as a Salesman in Super Bazar, Chandigarh. He was dismissed from service by the General Manager, Super Bazar, vide order dated 31-7-1990 (Annexure P-6). Being aggrieved against the order of dismissal, he preferred an appeal before the Sub-Divisional Magistrate exercising the powers of Joint Registrar, Cooperative Societies, Chandigarh, who by order dated 1-8-1990 (Annexure P-8) entertained his appeal and stayed the order of dismissal. The petitioner-Society has filed the present writ petition challenging the order dated 1-8-1990 (Annexure P-8) passed by the Sub-Divisional Magistrate exercising the powers of Joint Registrar, Cooperative Societies, Chandigarh, staying dismissal order.

(2.) The main challenge in the writ petition is that delegation of all his powers by the Registrar, cooperative Societies to the Sub-Divisional Magistrate, Chandigarh, who was already conferred with the powers of Joint Registrar, Cooperative Societies, is illegal, without jurisdiction and against the provisions of the Punjab Cooperative Societies Act, 1961 (hereinafter referred to as the Act), as applicable to the Union Territory, Chandigarh. The challenge is also made on the ground that under sub-section (3) to Section 3, it is only the Government which may, by special or general Order, confer all or any of the power of the Registrar, Cooperative Societies on any person as the Registrar himself is not competent do so.

(3.) On the other hand, the respondents have defended the action of the Sub-Divisional Magistrate exercising the powers of Joint Registrar, Cooperative Societies in entertaining the appeal and staying the order of dismissal.