01Facts
The petitioner’s service was terminated by the respondent-Society by resolution dated 23 October 2010.
He appealed under Section 55(2) of the Madhya Pradesh Cooperative Societies Act, 1960, and the Deputy Registrar, Cooperative Societies, Shivpuri, set aside the termination and directed reinstatement on 30 April 2012.
The petitioner submitted a joining report on 7 June 2012 but alleged that he was not permitted to resume work.
He filed this petition under Articles 226 and 227 seeking implementation of the Deputy Registrar’s order.
The respondents’ return referred also to subsequent proceedings culminating in an order dated 30 July 2013.
02Issues
i.1. Whether the competent authority should be directed to examine and decide the petitioner’s request for implementation of the Deputy Registrar’s order dated 30 April 2012.
ii.2. Whether the Court should itself determine the enforceability or merits of the earlier orders.
03Law Applied
Section 55(2) of the Madhya Pradesh Cooperative Societies Act, 1960, provides the statutory basis for the appeal concerning the petitioner’s service termination.
The Court applied the general principle that, when a competent authority has made an order, the concerned authorities must examine it and take appropriate steps for implementation in accordance with law.
The petition was considered under Articles 226 and 227 of the Constitution.
No precedent was cited.
Provisions in the judgment · 1
M.P. Co-Operative Societies Act, 1960 Section 55
04Reasoning
The dispute concerned alleged non-implementation of the Deputy Registrar’s reinstatement order, the petitioner’s assertion that he had submitted a joining report, and subsequent proceedings referred to in the respondents’ return.
The Court considered that the petitioner was entitled to an appropriate response to his implementation request, but left the legal effect and enforceability of the earlier orders for the competent authority to assess.
It therefore directed an independent, reasoned decision after hearing the concerned parties if required.
05Holding
The petition was disposed of with a direction to the competent authority to consider the petitioner’s claim for implementation of the order dated 30 April 2012, examine the subsequent proceedings including the order dated 30 July 2013, and pass a reasoned and speaking order within three months of receiving a certified copy of the Court’s order.
The Court expressed no opinion on the merits or enforceability of the earlier orders.
No order as to costs.
Original Court PDF
Ved Prakash GuptavsState Of M.P.
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