Mk Trivedi vs National Cooperative Consumers ...
2012 Latest Caselaw 3183 Del

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*    IN THE HIGH COURT OF DELHI AT NEW DELHI

%              Judgment delivered on: 11th May, 2012

+              W.P.(C) 4942/2011

MK TRIVEDI                                           ..... Petitioner
                              Through: Mr. P K Mishra with Mr. B K
                              Pandey, Adv.

                     versus

NATIONAL COOPERATIVE CONSUMERS FEDERATION
OF INDIA LTD                             ..... Respondent
                  Through: Ms. Zubeda Begum with Mr. Sumeet
                  Batra, Adv.
CORAM:
HON'BLE MR. JUSTICE SURESH KAIT

SURESH KAIT, J. (Oral)

1. Primarily, objection taken in the counter affidavit filed by the Respondent is that the respondent does not come under the jurisdiction of this Court as per Article 12 of the Constitution.

2. In Para 2 and 3 of the petition, it is stated by the learned counsel that in view of the above judicial indictment, NCCF neither comes under the State Government nor an authority nor an instrumentality of State within the meaning of Article 12 of the Constitution.

3. In fact, NCCF was registered way back in 1965 as a Cooperative Society under the provisions of Cooperative Societies Act, 1925. This Act was repealed by virtue of Section 19 of the Delhi Cooperative Societies Act and come in force on 2nd April, 1973. The NCCF conducted to be governed

by this Court Act and after 16th September, 1985, while the provisions of Cooperative Societies Act, 1924. The NCCF is a Cooperative Society and it is not governed by any statute. It is a voluntary body formed by the members for the welfare of its members. It is an independent body and according to its by laws, it comes neither under the Central Government, and nor any State Government is responsible for the management, administration and functioning of the NCCF.

4. This Court by its jurisdiction under Article 226 is an supervisory one and not the appellate authority. The settled law is that the Courts while exercising powers for the jurisdiction for the orders of disciplinary authority do not act as a court of appeal. The Court cannot interfere with the correctness of the charges levelled against the officers nor can go into the details of the reliability of the evidence. The disciplinary and the appellate authority having the fact finding authority have the power to consider the matter.

5. In view of the above discussion, it is established that the respondent does not come under Article 12 of the Indian Constitution.

6. In the circumstances and in the interest of justice, liberty is granted to the petitioner to approach the appropriate Forum within a period of eight weeks, for appropriate relief.

7. The petition is disposed of in the aforesaid terms.

SURESH KAIT, J

MAY 11, 2012 p/jg