Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1965-Section 128-Revision under-Authorities to exercise revisional power-State Government and Registrar-Distinction between-Compulsory retirement of Appellant employee-Revision petition against it allowed by Additional Registrar Rajasthan Cooperative Societies Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Co-operative Societies : Rajasthan Cooperative Societies Act, 1965-Section 128-Revision under-Authorities to exercise revisional power-State Government and Registrar-Distinction between-Compulsory retirement of Appellant employee-Revision petition against it allowed by Additional Registrar-On further revision before State Government, the order of Additional Registrar set aside-On a writ petition filed, High Court held that the Additional Registrar had exercised delegated power of the Registrar and not of the State Government, and therefore, revision before the State Government was maintainable-On appeal, held, State Government was competent to entertain the revision application-The two authorities i.e. the State Government and the Registrar are not interchangeable-The State Government had nowhere delegated revisional power to the Additional Registrar. and Phrases-"Delegation" and "delegate"-Meaning of The Appellant was compulsorily retired from service under the provisions of Rule 244(2)(i) of the Rajasthan Service Rules, 1951. He challenged the said order by way of a revision petition before the Additional Registrar, Cooperative Societies who held that Rule 244(2) of the Rajasthan Service Rules was not applicable to the employer-society, and that Rule 41 of the Rajasthan Cooperative Societies Rules, 1966 was applicable and that approval of the Registrar is a condition precedent for pre-mature retirement. This order was set aside in revision before the Government. The said order was challenged by the appellant under Article 226 of the Constitution. Single Judge held that Additional Registrar had exercised the delegated power of the Registrar and not of the State Government and, therefore, the revision before the State Government was maintainable and the Secretary had jurisdiction to deal with the matter, and in any event, Additional Registrar could not have entertained the revision. The judgment of Single Judge was questioned by way of Letters Patent Appeal. The LPA was dismissed. It was contended by the Appellant that the High Court erred in holding that Section 128 of the Rajasthan Cooperative Societies Act related to two authorities i.e. the State Government and the Registrar, that the two authorities are interchangeable; that if one authority has exercised the revisional power, other authority logically could not have exercised such power. In any event, second revision was not maintainable; and that the Rajasthan Service Rules had no application as the employer had never decided to adopt the service rules. The respondents contended that the employer society had decided to adopt the Rajasthan Service Rules long before the order directing pre- mature retirement was passed; that the State Government was competent to entertain the revision application as the Registrar was one of the two authorities indicated in Section 128 to exercise revisional power. |
Judge | Hon'ble Dr. Justice Arijit Pasayat |
Neutral Citation | 2005 INSC 15 |
Petitioner | Ishwar Singh |
Respondent | State Of Rajasthan And Ors. |
SCR | [2005] 1 S.C.R. 96 |
Judgement Date | 2005-01-05 |
Case Number | 31 |
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