Case Note & Summary
The case involved an appeal by the appellant challenging the legality of his premature retirement from the Sadul Shahar Kray Vikray Sahakari Samiti, a society registered under the Rajasthan Cooperative Societies Act, 1965. The appellant, who had served for over 27 years and was 56 years old, was compulsorily retired based on a perceived decline in his work performance. The Chief Executive Officer issued the retirement order under Rule 244(2)(i) of the Rajasthan Service Rules, 1951. The appellant contested this order, leading to a series of revisions and appeals, including a successful revision before the Additional Registrar, which was later overturned by the Secretary of the Cooperative Department, who asserted that the Additional Registrar lacked jurisdiction. The appellant's subsequent challenge in the High Court was dismissed, leading to the current appeal. The Supreme Court examined whether the Secretary had the authority to revise the Additional Registrar's decision and whether the service rules applied to the appellant. The court concluded that the service rules were indeed applicable and that the State Government had the jurisdiction to exercise revisional power under Section 128 of the Act, which was distinct from that of the Registrar. The appeal was ultimately dismissed, affirming the lower court's decisions without costs.
Headnote
A) Administrative Law - Delegation of Authority - Nature of Delegation - Rajasthan Cooperative Societies Act, 1965, Section 128 - The court held that delegation does not imply parting with authority and the delegating body retains the power to act concurrently. The State Government's revisional power was distinct from that of the Registrar, allowing it to exercise jurisdiction despite prior actions by the Additional Registrar (Paras 4-5). B) Cooperative Societies - Applicability of Service Rules - Rajasthan Cooperative Societies Act, 1965, Rule 41 - The court found that the service rules were applicable to the appellant as the employer had adopted them, thus validating the order of premature retirement issued under the relevant provisions (Paras 6-7). C) Jurisdiction - Revisional Power - Rajasthan Cooperative Societies Act, 1965, Section 128 - The court clarified that the State Government and the Registrar have concurrent revisional powers, which are not interchangeable, and the Secretary's exercise of power was valid (Paras 8-9).
Issue of Consideration
Whether the State Government had the jurisdiction to exercise revisional power under Section 128 of the Rajasthan Cooperative Societies Act, 1965 after the Additional Registrar had already exercised it.
Final Decision
The Supreme Court dismissed the appeal, affirming the decisions of the High Court and the Secretary of the Cooperative Department, holding that the State Government had the jurisdiction to exercise revisional power under Section 128 of the Rajasthan Cooperative Societies Act, 1965.
Law Points
- Delegation of authority
- Revisional power
- Applicability of service rules
- Jurisdiction of authorities
