Madhya Pradesh High Court
Atul Suryawanshi vs The State Of Madhya Pradesh on 10 December, 2021
Author: Vivek Agarwal
1 WP-1561-2021
The High Court Of Madhya Pradesh
WP No. 1561 of 2021
(ATUL SURYAWANSHI Vs THE STATE OF MADHYA PRADESH AND OTHERS)
WP No. 1576 of 2021
(DEVICHAND SURYAWANSHI Vs THE STATE OF M.P AND OTHERS)
Jabalpur, Dated : 10-12-2021
Shri Rahul Deshmukh, learned counsel for the petitioners.
Shri Vijay Kumar Shukla, learned Panel Lawyer for respondent nos. 1
and 2/State.
Shri Anil Lala, learned counsel for respondent no. 3.
These writ petitions have been filed seeking quashing of impugned
order dated 02/01/2021 whereby petitioners have been removed from the post
of 'Director' of M.P. Rashtriya Koyla Khadan Majdoor Sangh Kalri
Karamchari Sahakari Sakh Samiti Maryadit.
Petitioners' contention is that impugned order of removal has been
passed in an illegal and arbitrary manner and thus suffers from non-
application of mind. It is further submitted that society was not having any
authority to pass such order of removal and, therefore, the decision is illegal
and void abinitio. It is further submitted that impugned order has been
passed to defy the orders of the High Court passed in M.P. No. 2235/2020
wherein vide order dated 01/09/2020, a co-ordinate Bench of this Court has
stayed impugned order dated 03/07/2020 passed by the M.P. Co-operative
Tribunal, Bhopal whereby petitioners were stopped from proceeding ahead in
the matter of revision petitioner before the learned Co-operative Tribunal.
Petitioners have placed reliance on a judgment of the Supreme Court in
the case of Satwati Deswal Vs. State of Haryana and others (2010) 1
S.C.C. 126 and placing reliance on this judgment, it is submitted that where
there is violation of principles of natural justice, then alternative remedy or
exhaustion of remedies should not be insisted upon.
Shri Vijay Kumar Shukla, learned Panel Lawyer for respondent nos. 1
Signature Not Verified
SAN and 2 and Shri Anil Lala, learned counsel for respondent no. 3 in their turn
Digitally signed by VAIBHAV YEOLEKAR
Date: 2021.12.13 18:52:28 IST
2 WP-1561-2021
submit that there is no violation of principles of natural justice. The impugned
order has been passed on 02/01/2021 in the meeting of Board of Directors
and once, a decision has been taken by the Board of Directors, then said
decision has to be challenged before the appropriate authority in as much as,
decision is appealable.
After hearing learned counsel for the parties and on going through the
record, it is evident that along with I.A. Nos. 3415/2021 and 3904/2021
application for taking documents on record, minutes of the meeting of Board
of Directors as was held on 22/12/2020 have been produced which reflect
that on 05/12/2020, a show-cause notice was sent to Shri Devichand
Suryawanshi and Shri Atul Suryawanshi i.e. the present petitioners by
registered post A.D. It is further mentioned that link for the meeting was sent
to them on their mobile number and they were connected also but they did
not appear in the proceedings of Board of Directors. Their reply was
received on 16/12/2020 and, thereafter, a decision was taken to expel them
from the post of 'Director'.
Thus, it is evident that petitioners were given opportunity of hearing
before passing of the impugned order and, therefore, it cannot be said that
there is any violation of principles of natural justice calling for directly
entertaining these writ petitions in the light of law laid down by the Hon'ble
Supreme Court in the case of Satwati Deswal (supra) as admitted by
learned counsel for the petitioners since there exists an alternative remedy of
filing an appeal before the competent authority and petitioners have relegated
to avail such remedy.
Thus, in view of availability of alternative remedy and there being no
violation of principles of natural justice, the petitions fail and are dismissed.
(VIVEK AGARWAL)
JUDGE
vy
Signature Not Verified
SAN
Digitally signed by VAIBHAV YEOLEKAR
Date: 2021.12.13 18:52:28 IST
