Case Note & Summary
The dispute arose from disciplinary proceedings against the Chief Accounts Officer of a cooperative society, who faced multiple charges of misconduct. Following an inquiry, he was dismissed from service, leading to an appeal before the Registrar, which was dismissed. The respondent then filed a revision petition before the State Government, which was allowed, prompting the cooperative society to challenge this decision in the High Court. The High Court dismissed the writ petition, leading to the current appeal. The appellant contended that the State Government acted without jurisdiction in entertaining the revision application, as an appeal was maintainable. The respondent argued that the State Government could exercise its revisional power suo motu. The Supreme Court analyzed the provisions of the Haryana Act and the Punjab Act, concluding that the State Government's revisional power could not be exercised if an appeal was available. The court found that the inquiry against the respondent was not properly conducted and directed the Registrar of Cooperative Societies to arbitrate the matter afresh, ensuring that the previous inquiry report would not influence the new proceedings. The court also ordered that no recovery of salary should be made from the respondent for the period he was employed following the High Court's order. The appeal was allowed with specific directions regarding the arbitration process.
Headnote
A) Cooperative Societies Law - Revisional Jurisdiction - Exercise of Revisional Power - Haryana Co-operative Societies Act, 1984, Section 115 - The State Government's exercise of revisional jurisdiction was found to be without jurisdiction as an appeal was maintainable, thus rendering the revisional order coram non judice. The court held that if an appeal lies, the revisional jurisdiction cannot be exercised (Paras 9-10).
Issue of Consideration
Whether the State Government acted illegally and without jurisdiction in entertaining the revision application filed by the respondent.
Final Decision
The Supreme Court allowed the appeal, directing the Registrar of Cooperative Societies to arbitrate the matter afresh and ensuring that no recovery of salary would be made from the respondent for the specified period.
Law Points
- Revisional jurisdiction
- disciplinary proceedings
- ex parte inquiry
- jurisdictional error
- arbitration under cooperative law
