Ved Prakash Gupta vs State Of M.P.

1 WP-5551-2012
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR

BEFORE
HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE
th
ON THE 26 OF OCTOBER, 2026
WRIT PETITION No. 5551 of 2012
CNR No.: MPHC030156742012
VED PRAKASH GUPTA
Versus
STATE OF M.P.
Appearance:
Shri Ashwin Johri - Advocate for the petitioner.
Shri Janmjay Tomar - Advocate for respondent No.4.
ORDER
The present petition, under Article 226/227 of the Constitution of
India, has been filed by the petitioner seeking following reliefs:-
"(i) That, the respondents be directed to implement the
order dt. 30-04-2012 passed by the Deputy Registrar
Cooperative Society.
(ii) That, explanation from erring respondent may
kindly be called and an exemplary cost be directed to ordered
against the said erring officer and the same be directed to be
paid to the petitioner.
(iii) That, the other relief doing justice including cost
be awarded."
Signature Not Verified
Signed by: PAWAN KUMAR
Signing time: 10/27/2026
12:28:02 PM

2 WP-5551-2012
The case of the petitioner is that his services were terminated by the

respondent-Society vide resolution dated 23.10.2010. Being aggrieved by the
said action, the petitioner preferred a statutory appeal under Section 55(2) of
the Madhya Pradesh Cooperative Societies Act, 1960, before the Deputy
Registrar, Cooperative Societies, Shivpuri. The said appeal was decided vide
order dated 30.04.2012, whereby the termination order was set aside and the
petitioner was directed to be reinstated in service.
It is the further case of the petitioner that, pursuant to the aforesaid
order, he submitted his joining report before the concerned authorities on
07.06.2012. However, despite the order passed by the Deputy Registrar,
Cooperative Societies, Shivpuri, the petitioner was not permitted to resume
his duties. Consequently, alleging non-compliance with the order dated
30.04.2012, the petitioner has approached this Court seeking appropriate
directions for its implementation.
Learned counsel for the petitioner submits that the order dated
30.04.2012 passed by the Deputy Registrar, Cooperative Societies, Shivpuri,
has not been complied with by the concerned authorities despite the
petitioner's repeated efforts to secure its implementation. It is contended that
the continued inaction on the part of the respondents has deprived the
petitioner of the benefit flowing from the aforesaid order. Learned counsel,
therefore, prays that the respondents be directed to implement the said order
within a time-bound period and that appropriate action be taken against the
officers responsible for its non-compliance.
Per contra, learned counsel appearing for respondent No.4 opposes the
Signature Not Verified
Signed by: PAWAN KUMAR
Signing time: 10/27/2026
12:28:02 PM

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relief claimed by the petitioner and submits that the matter may be

considered in accordance with law.
Heard learned counsel for the parties and perused the record.
From the material available on record, it appears that the controversy
raised in the present petition primarily concerns the non-implementation of
the order dated 30.04.2012 passed by the Deputy Registrar, Cooperative
Societies, Shivpuri. The petitioner asserts that the said order, passed in
proceedings concerning the termination of his services, has remained
unimplemented despite submission of his joining report. The return filed on
behalf of respondents No.1 and 2 also refers to the order dated 30.04.2012
and the subsequent proceedings culminating in the order dated 30.07.2013.
Thus, the question requiring consideration is whether the order passed by the
competent authority has been duly acted upon by the concerned authorities.
In the considered opinion of this Court, once an order has been passed
by a competent authority, the concerned authorities are required to examine
the same and take appropriate steps for its implementation in accordance
with law. The petitioner cannot be left without an appropriate response to his
request for implementation of the order, particularly when he asserts that he
has submitted his joining report in compliance with the directions issued by
the competent authority.
In view of the aforesaid circumstances, without expressing any
opinion on any issue beyond the scope of the present petition, this Court
considers it appropriate to direct the competent authority to examine the
order dated 30.04.2012 passed by the Deputy Registrar, Cooperative
Signature Not Verified
Signed by: PAWAN KUMAR
Signing time: 10/27/2026
12:28:02 PM

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Societies, Shivpuri, along with the subsequent proceedings, including the

order dated 30.07.2013, and take an appropriate decision regarding its
implementation, strictly in accordance with law.
Accordingly, the present petition is disposed of with a direction to the
competent authority to consider the petitioner's claim for implementation of
the order dated 30.04.2012 and pass a reasoned and speaking order, after
affording an opportunity of hearing to the concerned parties, if required,
within a period of three months from the date of receipt of a certified copy of
this order.
It is made clear that this Court has not expressed any opinion on the
merits of the petitioner's claim or on the legal effect and enforceability of the
orders passed in the earlier proceedings. The competent authority shall
consider the matter independently and in accordance with law.
With the aforesaid directions, the petition stands disposed of.
No order as to costs
(MILIND RAMESH PHADKE)
JUDGE
pwn*

Signature Not Verified
Signed by: PAWAN KUMAR
Signing time: 10/27/2026
12:28:02 PM