TaxTMI 
TaxTMI 
TaxTMI 
2008 (10) TMI 651
X X X X Extracts X X X X
X X X X Extracts X X X X
....d against him and by an order dated April 29, 1982, passed by the Chairman, District Co-operative Central Bank Ltd., Jagdalpur (Bastar), he was removed from service. The appellant preferred a departmental appeal on April 30, 1982. Since he had not been communicated anything as to what had happened to the said appeal, the appellant on June 30, 1982 filed an application under Section 55 of the Madhya Pradesh Co- operative Societies Act, 1960 (hereinafter referred to as `the Act') to the Joint Registrar, Co-operative Societies, Raipur. According to the appellant, the application was made to the Joint Registrar, Raipur as District Bastar/Jagdalpur was within the territorial jurisdiction of Raipur. As stated by the petitioner, Joint Registrar then came to be appointed for District Bastar for Jagdalpur Area. Another application was, therefore, made on October 08, 1985 by the petitioner before the Joint Registrar, Co-operative Societies, Jagdalpur. On February 19, 1986, the Joint Registrar, Jagdalpur dismissed the application filed by the petitioner as time barred. The appellant preferred an appeal against the said order before the Board of Revenue, Gwalior. However, the said appeal w....
X X X X Extracts X X X X
X X X X Extracts X X X X
....ntend that the application was beyond time and delay could not be condoned. 10. The learned counsel submitted that even on merits, the case did not call for punishment of removal. Certain allegations were made and even if it is assumed for the sake of argument that all the allegations were true, the appellant could not have been removed from service. No financial loss has been caused to the respondent-Bank. The appellant has enormously suffered and he is out of employment since more than fifteen years. Hence, even if this Court comes to the conclusion that proceedings could have been initiated against the appellant and he could have been punished, on the facts and in the circumstances of the case, this Court may direct the Bank to re- instate the appellant without back wages so that the appellant as well as his family members would not be deprived of livelihood and would not starve. 11. The learned counsel for the respondent-Bank, on the other hand, supported the order passed by the Tribunal and confirmed by the High Court. It was contended that the High Court was right in holding that the application filed by the appellant was barred by limitation. The counsel urged that the Act....
X X X X Extracts X X X X
X X X X Extracts X X X X
....above that the application was filed by the appellant to Joint Registrar, Raipur. It was pending. Meanwhile, however, District Bastar had its own Registry and hence, an application was submitted to District Registrar, Bastar. The application preferred by the appellant to the Joint Registrar, Raipur, in the circumstances, became infructuous. It was not decided on merits. As per settled law, such decision does not operate as res judicata. The High Court was, therefore, right in coming to the conclusion that the Tribunal was in error in dismissing the application on the ground of res judicata. That part of the order passed by the Tribunal was, therefore, rightly not approved by the High Court. 16. But so far as limitation is concerned, admittedly, the disciplinary proceedings culminated against the appellant in an order of removal. Such order was passed on April 29, 1982. An application against the said order was made for the first time by the appellant/ applicant on June 30, 1982, i.e. after more than two months. 17. Now, Section 55 of the Act empowers the Registrar to determine conditions of employment in societies. The said section, as it then stood, read as under; 55. Registra....
X X X X Extracts X X X X
X X X X Extracts X X X X
....on 55 of the Act was filed by the appellant/applicant on June 30, 1982, i.e. after two months which was time- barred. The High Court considered the first petition filed by the appellant herein before the Registrar, Raipur, but even that petition was barred by time. The High Court was, therefore, right in dismissing the writ petition holding that the application filed by the applicant was not within the period of limitation prescribed by Section 55 of the Act. 20. Learned counsel for the appellant, however, submitted that the petition filed by the applicant ought to have been treated within the period of limitation. In support of such contention, he relied on two aspects. 21. Firstly, the provisions of appeals and revisions under the Act. Chapter X provides for filing of appeals and revisions. Referring to rule making power of the State (Section 95), the counsel submitted that the State Government has power to prescribe procedure in presenting and disposal of appeals [Clause (gg) of sub- section (2) of Section 95]. In exercise of the said power, the State Government has framed rules known as the Madhya Pradesh Co-operative Societies Rules, 1962 (hereinafter referred to as `the Rul....
X X X X Extracts X X X X
X X X X Extracts X X X X
....appeals and procedure laid down in Chapter IX of the Rules, therefore, had no application. The first ground in support of the application that it should be treated as within the period of limitation has thus no force. 24. Secondly, the appellant contended that the learned counsel appearing for the Bank conceded that the application filed by the appellant/applicant was within time and hence, the Registrar took up for consideration the said application and decided on merits. Thereafter, it was not open to the Bank to contend that the application was barred by limitation. The order of the High Court, therefore, deserves to be set aside. It was also submitted that had it been contended before the Registrar that the application was not within the period of limitation prescribed by law, the appellant could have satisfied the authority or would have taken other steps, but he was deprived by the concession on behalf of the Bank. It has caused serious prejudice to the appellant and the Bank cannot be allowed to `blow hot and cold' by taking inconsistent pleas and by raising `technical' defence of limitation. 25. The learned counsel for the respondent-Bank rightly submitted that th....