Madhya Pradesh High Court

Abhishek Singh vs The State Of Madhya Pradesh on 10 May, 2024

Author: Vivek Agarwal

Bench: Vivek Agarwal

1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VIVEK AGARWAL
ON THE 10 th OF MAY, 2024
WRIT PETITION No. 10439 of 2024

BETWEEN:-
ANUJ KUMAR SHUKLA S/O SHRI SANTBHAN SHUKLA,
AGED ABOUT 32 YEARS, OCCUPATION: SALESMAN
GOVT. FAIR PRICE SHOP URDAN SEVA SAHKARI
SAMITI MARYADIT CHANDKUIYA SEVA SEHKARI
SAMITI MARYADIT. CHANDKUIYA NAGOD DIST.
SATNA R/O GRAM CHANDKUIYA TEHSIL NAGOD
DISTRICT SATNA (MADHYA PRADESH)

.....PETITIONER
(BY SHRI P. K. MISHRA - ADVOCATE)

AND
1. THE STATE OF MADHYA PRADESH TRHOUGH
THE SECRETARY CO OPERATIVE DEPARTMENT
MANTRALAYA VALLABH BHAWAN BHOPAL
VALLABH BHAWAN, BHOPAL (MADHYA
PRADESH)

2. THE COMMISSIONER CUM REGISTRAR,
COOPERATIVE SOCIETIES BHOPAL DISTRICT
BHOPAL (MADHYA PRADESH)

3. THE SAMITI PRABANDHAK (SOCIETY MANAGER)
SEVA SAHKARI SAMITI MARYADIT
(COOPERATIVE SOCIETY LIMITED) CHANDKUIYA
DISTRICT SATNA (MADHYA PRADESH)

4. THE CHIEF EXECUTIVE OFFICER, DISTRICT
CENTRAL COOPERATIVE BANK MARYADIT
C H A N D K U I YA DISTRICT SATNA (MADHYA
PRADESH)

.....RESPONDENTS
(BY SHRI MANAS MANI VERMA - GOVERNMENT ADVOCATE)

WRIT PETITION No. 3962 of 2017
Signature Not Verified
Signed by: KOUSHALENDRA
SHARAN SHUKLA
Signing time: 15-05-2024
19:19:50
2

BETWEEN:-
1. JITENDRA CHATURVEDI S/O SHRI MAHENDRA
CHATURVEDI, AGED ABOUT 32 YEARS, SWAMIJI
CHOWK MUKHTYARGANJ SATNA (MADHYA
PRADESH)

2. DHARMENDRA KUMAR SHUKLA S/O PRABHU
NARAYAN SHUKLA, AGED ABOUT 34 YEARS, VILL.
AND POST KHUTAHA DIST SATNA (MADHYA
PRADESH)

3. RAJ KUMAR GARG S/O MOHAN LAL GARG, AGED
ABOUT 30 YEARS, VILL. AND POST KHUTAHA
DIST SATNA (MADHYA PRADESH)

4. BALRAM SHUKLA S/O RAJ BHAN SHUKLA, AGED
ABOUT 32 YEARS, VILL. AMILA AND POST
KITAHA, (MADHYA PRADESH)

5. RAMSUMIRAN CHATURVEDI S/O SHRIKANT
CHATURVEDI, AGED ABOUT 36 YEARS,
MACHKHADA POST BADKHEDA (MADHYA
PRADESH)

.....PETITIONERS
(BY SHRI ANIL LALA - ADVOCATE)

AND
1. THE STATE OF MADHYA PRADESH THR.
SECRETARY CO OPERATIVE DEPARTMENT
VALLABH BHAWAN , BHOPAL (MADHYA
PRADESH)

2. COMMISSIONER CUM REGISTRAR CO
OPERATIVE SOCIETIES BHOPAL (MADHYA
PRADESH)

3. CHIEF EXECUTIVE OFFICER DISTRICT CENTRAL
CO OPERATIVE BANK MYDT SATNA (MADHYA
PRADESH)

4. CHAIRMAN SEVA SAHKARI SAMITI MYDT.
BHAISWAR DIST.SATNA (MADHYA PRADESH)

5. CHAIRMAN SEVA SAHKARI SAMITI MYDT.
KHUTAHA SATNA (MADHYA PRADESH)

6. CHAIRMAN SEVA SAHKARI SMITI MYDT. KITAHA
Signature Not Verified
Signed by: KOUSHALENDRA
SHARAN SHUKLA
Signing time: 15-05-2024
19:19:50
3
SATNA (MADHYA PRADESH)

.....RESPONDENTS
(SHRI MANAS MANI VERMA - GOVERNMENT ADVOCATE FOR THE
STATE)
(SHRI DHANANJAY SHUKLA - ADVOCATE FOR RESPONDENT NO. 5)

WRIT PETITION No. 4215 of 2017

BETWEEN:-
AMIT SINGH PARIHAR S/O KAMALBHAN SINGH, AGED
ABOUT 27 YEARS, OCCUPATION: ACCOUNTANT SEVA
SAHKARI SAMITI SEMRI, DISTT. SATNA (MADHYA
PRADESH)

.....PETITIONER
(BY SHRI VINAY PRATAP SINGH - ADVOCATE)

AND
1. THE STATE OF MADHYA PRADESH THR.
SECRETARY CO OPERATIVE DEPTT. VALLABH
BHAWAN (MADHYA PRADESH)

2. COMMISSIONER COOPERATIVES CUM
REGISTRAR COOPERATIVE SOCIETIES GROUND
FLOOR VINDHYACHAL BHAWAN BHOPAL
(MADHYA PRADESH)

3. REGISTRAR COOPERATIVE SOCIETIES BHOPAL
(MADHYA PRADESH)

4. DY. COMMISSIONER COOPEREATIVES DISTT.
SATNA (MADHYA PRADESH)

5. DY. REGISTRAR COOPERATIVE SOCIETIES DISTT.
SATNA (MADHYA PRADESH)

.....RESPONDENTS
(BY SHRI MANAS MANI VERMA - GOVERNMENT ADVOCATE)

WRIT PETITION No. 4671 of 2017

BETWEEN:-
MANOJ KUMAR GARG S/O SHRI DILIP KUMAR GARG,
AGED ABOUT 34 YEARS, VILL AND POST
Signature Not Verified
MAJHAGAWAN, TEH AND DIST SATNA (MADHYA
Signed by: KOUSHALENDRA
SHARAN SHUKLA
Signing time: 15-05-2024
19:19:50
4
PRADESH)

.....PETITIONER
(BY SHRI ANIL LALA - ADVOCATE)

AND
1. THE STATE OF MADHYA PRADESH THROUGH
SECRETARY CO OPERATIVE DEPT.
MANTRALAYA, VALLABH BHAWAN, BHOPAL
(MADHYA PRADESH)

2. THE COMMISSIONER CUM REGISTRAR CO
OPERATIVE SOCIETIES COMMISSIONER BHOPAL
(MADHYA PRADESH)

3. THE CHIEF EXECUTIVE OFFICER DISTRICT
CENTRAL CO OPERATIVE BANK MYDT SATNA
(MADHYA PRADESH)

4. CHAIRMAN ADIM JATI SEVA SAHKARI SAMITI
MYDT BHAISWAR (MADHYA PRADESH)

.....RESPONDENTS
(BY SHRI MANAS MANI VERMA - GOVERNMENT ADVOCATE)

WRIT PETITION No. 5088 of 2017

BETWEEN:-
RAJEEV KUMAR MISHRA S/O SHRI RAMLAKHAN
MISHRA, AGED ABOUT 30 YEARS, VILLAGE POST
HINOTI TEHSIL RAMNAGAR (MADHYA PRADESH)

.....PETITIONER
(BY SHRI R. K. CHOUDHARY - ADVOCATE)

AND
1. THE STATE OF MADHYA PRADESH THROUGH
COOPERATIVE DEPARTMENT MANTRALAYA,
VALLABH BHAWAN, BHOPAL (MADHYA
PRADESH)

2. THE COMMISSIONER CUM REGISTRAR
COOPERATIVE SOCIETIES BHOPAL (MADHYA
PRADESH)

3. THE CHIEF EXECUTIVE OFFICER DISTRICT
Signature Not Verified
Signed by: KOUSHALENDRA
SHARAN SHUKLA
Signing time: 15-05-2024
19:19:50
5
CENTRAL CO OPERATIVE BANK MYDT SATNA
(MADHYA PRADESH)

4. CHAIRMAN SEVA SAHAKARI SAMITI MYDT
HINOTI SATNA (MADHYA PRADESH)

.....RESPONDENTS
(BY SHRI MANAS MANI VERMA - GOVERNMENT ADVOCATE)

WRIT PETITION No. 5573 of 2017

BETWEEN:-
1. SATYA NARAYAN MISHRA S/O BHAGWAT
PRASAD MISHRA, AGED ABOUT 35 YEARS,
OCCUPATION: SALESMAN ADIM JATI SEVA
SAHKARI SAMITI MYDT. DEOR SALESMAN ADIM
JATI SEVA SAHKARI SAMITI MYDT. DEOR
(MADHYA PRADESH)

2. AMIT SINGH S/O SHESHMANI SINGH, AGED
ABOUT 38 YEARS, OCCUPATION: SALESMAN ,
SEVA SAHKARI SAMITI MYDT AMKUI BLOCK
NAGOD, DIST. SATNA (MADHYA PRADESH)

3. NEELMANI SHARMA S/O BAIDHNATH SHARMAN,
AGED ABOUT 40 YEARS, OCCUPATION:
SALESMAN , SEVA SAHKARI SAMITI SURDAHA
BLOCK NAGOD, DIST. SATNA (MADHYA
PRADESH)

4. RAJENDRA PRASAD KANOJIA S/O PURAN LAL
KANOJIA OCCUPATION: SALESMAN , SEVA
SAHKARI SAMITI BIHATA BLOCK UCHEHRA
(MADHYA PRADESH)

5. VIRENDRA PATANHA S/O CHOTE LAL PATANHA,
AGED ABOUT 41 YEARS, OCCUPATION:
SALESMAN , SEVA SAHKARI SAMITI SHYAM
NAGAR BLOCK UCHEHRA (MADHYA PRADESH)

6. AMIT TIWARI S/O VISHNU PRATAP TIWARI, AGED
ABOUT 30 YEARS, OCCUPATION: SALESMAN ,
SEVA SAHKARI SAMITI SEMRI BLOCK NAGOD,
DIST. SATNA (MADHYA PRADESH)

7. ARUN DWEIVEDI S/O BHOLA PRASAD DWIVEDI,
AGED ABOUT 38 YEARS, OCCUPATION:
SALESMAN , SEVA SAHKARI SAMITI DUREHA
DIST. SATNA (MADHYA PRADESH)
Signature Not Verified
Signed by: KOUSHALENDRA
SHARAN SHUKLA
Signing time: 15-05-2024
19:19:50
6
8. SANTOSH DWIVEDI S/O BHOLA PRASAD DWIVEDI
OCCUPATION: SALESMAN , SEVA SAHKARI
SAMITI DUREHA DIST. SATNA (MADHYA
PRADESH)

9. PRASHU TRIPATHI S/O RAJESH TRIPATHI, AGED
ABOUT 22 YEARS, OCCUPATION: SALESMAN ,
SEVA SAHKARI SAMITI NIRGAUTI BLOCK RAM
NAGAR, DIST. SATNA (MADHYA PRADESH)

.....PETITIONERS
(BY SHRI ANIL LALA - ADVOCATE)

AND
1. THE STATE OF MADHYA PRADESH THR. THE
SECRETARY COOPERATIVE DEPTT. VALLABH
BHAWAN BHOPAL (MADHYA PRADESH)

2. COMMISSIONER CUM REGISTRAR CO
OPERATIVE SOCIETIES, BHOPAL BHOPAL
(MADHYA PRADESH)

3. CHIEF EXECUTIVE OFFICER CENTRAL CO
OPERATIVE BANK MYDT SATNA (MADHYA
PRADESH)

.....RESPONDENTS
(BY SHRI MANAS MANI VERMA - GOVERNMENT ADVOCATE)

WRIT PETITION No. 10570 of 2017

BETWEEN:-
1. RAPENDRA SINGH JAISWAL S/O SHRI AVADHEEN
JAISWAL, AGED ABOUT 27 YEARS, OCCUPATION:
SALESMAN IN FAIR PRICE SHOP BHARGAWAN
RUN BY ADIM JATI SEVA SAHKATI SAMITI
HIRAUNDI, TEH. MAJHGAWNDISTT. SATNA
(MADHYA PRADESH)

2. SHIVA GARG S/O SHRI DILIP KUMAR GARG,
AGED ABOUT 24 YEARS, FAIR PRICE SHOP PATNA
KHURD RUN BY SEVA SAHKARI SAMITI, MYDT,
MAJHGAWAN (MADHYA PRADESH)

3. MUKESH SHARMA S/O ARJUN PRASAD SHARMA,
AGED ABOUT 31 YEARS, OCCUPATION:
SALESMAN FAIR PRICE SHOP PATHA KACHAR
Signature Not Verified
Signed by: KOUSHALENDRA
SHARAN SHUKLA
Signing time: 15-05-2024
19:19:50
7
RUN BY SEVA SAHKARI SAMITI, MYDT, PATHA
KACHAR (MADHYA PRADESH)

.....PETITIONERS
(BY SHRI ANIL LALA - ADVOCATE)

AND
1. THE STATE OF MADHYA PRADESH THR.
SECRETARY COOPORATIVE DEPARTMENT
MANTRALAY MANTRALAY, VALLABH BHAWAN
(MADHYA PRADESH)

2. THE COMMISSIONER CUM REGISTRAR CO
OPERATIVE SOCIETIES DISTT-BHOPAL (MADHYA
PRADESH)

3. THE DEPUTY REGISTRAR CO OPERATIVE
SOCIETIES DISTT-SATNA (MADHYA PRADESH)

4. ADIM JATI SEVA SAHKARI SAMITI MYDT
THROUGH THE CHAIRMAN HIRAUNDI TEHSIL
MAJHGAWAN, (MADHYA PRADESH)

5. SEVA SAHKARI SAMITI MYDT THROUGH THE
CHAIRMAN MAJHGAWAN, (MADHYA PRADESH)

6. SEVA SAHKARI SAMITI MYDT, THROUGH THE
C H A I R M A N PATHA KACHAR, (MADHYA
PRADESH)

.....RESPONDENTS
(BY SHRI MANAS MANI VERMA - GOVERNMENT ADVOCATE)

WRIT PETITION No. 10711 of 2017

BETWEEN:-
1. YASWANT SINGH S/O DHARMRAJ SINGH, AGED
ABOUT 33 YEARS, OCCUPATION: SALESMAN SEVA
SAHKARI SAMITI MARYADIT DURAHA DIST.
SATNA (MADHYA PRADESH)

2. RAKESH SINGH S/O LATE SHRI LAL JI SINGH,
AGED ABOUT 44 YEARS, OCCUPATION:
SALESMAN SEVA SAHKARI SAMITI MARYADIT
BASUDHA, DIST SATNA (MADHYA PRADESH)

3. SUDHKAR SINGH S/O BRAJRAJ SINGH, AGED
Signature Not Verified
Signed by: KOUSHALENDRA
SHARAN SHUKLA
Signing time: 15-05-2024
19:19:50
8
ABOUT 36 YEARS, OCCUPATION: SALESMAN SEVA
SAHKARI SAMITI MARYADIT BASUDHA, DIST
SATNA (MADHYA PRADESH)

4. AMIT SINGH PARIHAR S/O KAMAL BHAN SINGH
PARIHAR, AGED ABOUT 27 YEARS, OCCUPATION:
ACCOUNTANT SEVA SAHKARI SAMITI
MARYADIT SEMRI (NAGOD) (MADHYA PRADESH)

.....PETITIONERS
(NONE FOR THE PETITIONERS)

AND
1. THE STATE OF MADHYA PRADESH THR. THE
SECRETARY COOPERATIVE DEPARTMENT
MANTRALAY VALLABH BHAWAN BHOPAL
(MADHYA PRADESH)

2. THE COMMISSIONER CUM REGISTRAR CO
OPERATIVE CO-OPERATIVE SOCIETIES (MADHYA
PRADESH)

3. THE CHIEF EXECUTIVE OFFICER DISTRICT
CENTRAL COOPERATIVE BANK LTD. MARYADIT
SATNA (MADHYA PRADESH)

.....RESPONDENTS
(BY SHRI MANAS MANI VERMA - GOVERNMENT ADVOCATE)

WRIT PETITION No. 10856 of 2017

BETWEEN:-
DEVENDRA KUMAR MISHRA S/O SHRI VIJAY KUMAR
MISHRA, AGED ABOUT 33 YEARS, OCCUPATION:
SALESMAN VILLAGE AND POST RAHIKWARA POSTED
AS JADAVPUR KOTHAR TEH. NAGOD DISTT. SATNA
(MADHYA PRADESH)

.....PETITIONER
(NONE FOR THE PETITIONER)

AND
1. THE STATE OF MADHYA PRADESH THR. THE
SECRETARY COOPERATIVE DEPARTMENT
VALLABH BHAWAN BHOPAL (MADHYA PRADESH)

Signature Not Verified
Signed by: KOUSHALENDRA
SHARAN SHUKLA
Signing time: 15-05-2024
19:19:50
9
2. THE COMMISSIONER CUM REGISTRAR
COOPERATIVE SOCIETIES DISTT-BHOPAL
(MADHYA PRADESH)

3. THE CHIEF EXECUTIVE OFFICER DISTRICT
CENTRAL COOPERATIVE BANK MARYADIT
DISTT-SATNA (MADHYA PRADESH)

4. THE SOCIETY MANAGER, COOPERATIVE BANK
M A R YA D I T BRANCH NAGOD (MADHYA
PRADESH)

.....RESPONDENTS
(BY SHRI MANAS MANI VERMA - GOVERNMENT ADVOCATE)

WRIT PETITION No. 13026 of 2017

BETWEEN:-
SAVITA KOL W/O LATE GANGARAM KOL, AGED ABOUT
32 YEARS, OCCUPATION: PEON SEVA SAHKARI SAMITI
MARYADIT SEMRI (NAGOD), DISTT. SATNA (MADHYA
PRADESH)

.....PETITIONER
(BY SHRI VINAY PRATAP SINGH - ADVOCATE)

AND
1. THE STATE OF MADHYA PRADESH SECRETARY
COOPERATIVE DEPARTMENT MINISTRY,
VALLABH BHAWAN MANTRA (MADHYA
PRADESH)

2. THE COMMISSIONER CUM REGISTRAR
COOPERATIVE SOCIETIES BHOPAL (MADHYA
PRADESH)

3. THE CHIEF EXECUTIVE OFFICER DISTRICT
CENTRAL COOPERATIVE BANK MARYADIT
SATNA (MADHYA PRADESH)

4. THE SAMITI PRABANDHAK SEWA SAHKARI
SAMITI SEMRI NAGOD SATNA (MADHYA
PRADESH)

.....RESPONDENTS
(BY SHRI MANAS MANI VERMA - GOVERNMENT ADVOCATE)

Signature Not Verified
Signed by: KOUSHALENDRA
SHARAN SHUKLA
Signing time: 15-05-2024
19:19:50
10
WRIT PETITION No. 13321 of 2017

BETWEEN:-
1. RAJA BHAIYA GAUTAM S/O RAMLAKHAN
GAUTAM, AGED ABOUT 40 YEARS, OCCUPATION:
SALESMAN SEVA SAHKARI SAMITI BHAJKHERA
SUB CENTER BANDI, (MADHYA PRADESH)

2. DINESH KUMAR URMALIYA S/O SHRI
SHIVCHARAN URMALIA, AGED ABOUT 28 YEARS,
OCCUPATION: SALESMAN SEVA SAHKARI SAMITI
BHAJIKHERA SUB CENTRE DWARIKHURD,
DISTT. (MADHYA PRADESH)

3. RAJU PRASAD TRIPATHI S/O SHRI MOTILAL
TRIPATHI, AGED ABOUT 40 YEARS, OCCUPATION:
SALESMAN ADIM JATI SEVA SAHKARI SAMITI
MYDIT GUDA DISTT. SATNA (MADHYA PRADESH)

4. SMT. VIMLA PANDEY W/O SHRI NEERAJ GARG,
AGED ABOUT 34 YEARS, OCCUPATION:
SALESMAN ADIM JATI SEVA SAHKARI SAMITI
MYDIT GUDA (MADHYA PRADESH)

5. SANAT MISHRA S/O SHRI GORE LAL MISHRA,
AGED ABOUT 38 YEARS, OCCUPATION:
SALESMAN ADIM JATI SEVA SAHKARI SAMITI
MYDIT GUDA ADIM JATI SEVA SAHKARI SAMITI
MYDIT GUDA (MADHYA PRADESH)

.....PETITIONERS
(BY SHRI ANIL LALA - ADVOCATE)

AND
1. THE STATE OF MADHYA PRADESH THROUGH
THE SECRETARY CO OPERATIVE DEPARTMENT
VALLABH BHAWAN (MADHYA PRADESH)

2. CHIEF EXECUTIVE OFFICER MUMBAI DISTRICT
CENTRAL COOPERATIVE BANK LTD. DISTT.
SATNA (MADHYA PRADESH)

3. DEPUTY REGISTRAR COOPERATIVE SOCIETIES
SATNA DISTT. SATNA (MADHYA PRADESH)

4. CHAIRMAN ADIM SAHKARI SAMITI
BHAJIKHERA DISTT. SATNA (MADHYA PRADESH)

Signature Not Verified
Signed by: KOUSHALENDRA
SHARAN SHUKLA
Signing time: 15-05-2024
19:19:50
11
5. CHAIRMAN ADIM JATI SEVA SAHKARI SAMIT
MYDT DISTT. SATNA (MADHYA PRADESH)

.....RESPONDENTS
(BY SHRI MANAS MANI VERMA - GOVERNMENT ADVOCATE)

WRIT PETITION No. 15218 of 2017

BETWEEN:-
ABHISHEK SINGH S/O PUSHPRAJ SINGH, AGED ABOUT
28 YEARS, OCCUPATION: ACCOUNTANT SEVA SAHKARI
SAMITI MARYADIT DUREHA DISTT. SATNA (MADHYA
PRADESH)

.....PETITIONER
(BY SHRI VINAY PRATAP SINGH - ADVOCATE)

AND
1. THE STATE OF MADHYA PRADESH THR.
SECRETARY COOPERTIVE DEPTT. MANTRALAYA
VALLABH BHAWAN (MADHYA PRADESH)

2. COMMISSIONER CUM REGISTRAR
COOPERATIVE SOCIETIES DISTT. BHOPAL
(MADHYA PRADESH)

3. CHIEF EXECUTIVE OFFICER DISTRICT CENTRAL
COOPERATIVE BANK LTD. DISTT. SATNA
(MADHYA PRADESH)

4. SAMITI PRABANDHAK SEWA SAHKARI SAMITI
DUREHA NAGOD DISTT. SATNA (MADHYA
PRADESH)

.....RESPONDENTS
(BY SHRI MANAS MANI VERMA - GOVERNMENT ADVOCATE)

WRIT PETITION No. 21331 of 2017

BETWEEN:-
1. DHARMENDRA PRATAP SINGH S/O SHRI
SHAILENDRA SINGH, AGED ABOUT 38 YEARS,
OCCUPATION: SALESMAN, SEVA SEHAKARI
SAMITI MYDT. SEMARWARA, SATNA HOUSE NO.
09, VILLAGE MADHA, POST- HARDUA KALAN,
GADHIYA TOLA MADHA, MADHA, NAGOD,
Signature Not Verified
Signed by: KOUSHALENDRA
SHARAN SHUKLA
Signing time: 15-05-2024
19:19:50
12
SATNA(M.P.) (MADHYA PRADESH)

2. ARUN KUMAR LODHI S/O RAMDEEN LODHI,
AGED ABOUT 26 YEARS, OCCUPATION:
SALESMAN SEVA SEHAKARI SAMITI MYDT.
SEMARWARA, SATNA HOUSE NO. 184
SEMARWARA SATNA NAGOD (MADHYA
PRADESH)

3. SMT. ARADHANA (PRATIBHA) SONGH W/O SHRI
ABHAYRAJ SINGH, AGED ABOUT 40 YEARS,
OCCUPATION: SALESMAN SEVA SEHAKARI
SAMTI MYDT. DAMHA HOUSE NO. 199 WARD
CHOTA TOLA, VILLAGE HILOUNDHA, (MADHYA
PRADESH)

4. VINAY SINGH BAGRI S/O SHRI RAMASHRYA
BAGRI, AGED ABOUT 32 YEARS, OCCUPATION:
SALESMAN SEVA SEHAKARI SAMTI MYDT
NAVASTA SATNA VILLAGE NAVASTA NAGOD
(MADHYA PRADESH)

5. SMT. CHANDRA KUMARI W/O SHRI KAILASH
BABU PATEL, AGED ABOUT 30 YEARS,
OCCUPATION: SALESMAN SEVA SEHAKARI
SAMTI MYDT. HARDUA SATNA VILLAGE
ATROURA, NAGOD DISTT. (MADHYA PRADESH)

6. SMT. SADHNA LODHI W/O SHRI SHRAWAN
KUMAR LODHI, AGED ABOUT 30 YEARS,
OCCUPATION: SALESMAN SEVA SEHAKARI
SAMTI MYDT. SEMARWARA, SATNA VILLAGE
SAMARWARA, NAGOD (MADHYA PRADESH)

.....PETITIONERS
(BY SHRI GREESHM JAIN - ADVOCATE)

AND
1. THE STATE OF MADHYA PRADESH THR. THE
SECRETARY CO OPERATIVE DEPTT.
MANTRALAYA VALLABH BHAWAN BHOPAL(M.P.)
(MADHYA PRADESH)

2. COMMISSIONER CUM REGISTRAR CO-
OPERATION SOCIETIES DISTT. BHOPAL (MADHYA
PRADESH)

3. CHIEF EXECUTIVE OFFICER CENTRAL
COOPERATIVE BANK LTD. SATNA (MADHYA
PRADESH)
Signature Not Verified
Signed by: KOUSHALENDRA
SHARAN SHUKLA
Signing time: 15-05-2024
19:19:50
13
.....RESPONDENTS
(BY SHRI MANAS MANI VERMA - GOVERNMENT ADVOCATE)

WRIT PETITION No. 21519 of 2017

BETWEEN:-
SANTBHAN PATEL S/O SHRI SUNDERLAL PATEL, AGED
ABOUT 51 YEARS, OCCUPATION: SALESMAN SEVA
SAHAKARI SAMITI MARYADIT JURA, BLOCK MAIHAR,
DISTT. SATNA (M.P.) SUB CENTRE TILAURA, TEH.
MAIHAR, DISTT. SATNA VILL. BHEDA, TEH. MAIHAR,
DISTT. SATNA (M.P.) (MADHYA PRADESH)

.....PETITIONER
(BY SHRI INDRA KUMAR PATEL - ADVOCATE)

AND
1. THE STATE OF MADHYA PRADESH THR. THE
SECRETARY CO OPERATIVE DEPTT.
MANTRALAYA VALLABH BHAWAN BHOPAL(M.P.)
(MADHYA PRADESH)

2. COMMISSIONER CUM REGISTRAR
COOPERATIVE BHOPAL (MADHYA PRADESH)

3. COLLECTOR SATNA DISTT. SATNA (MADHYA
PRADESH)

4. DY. REGISTRAR COOPERATIVE SOCIETIES DISTT.
SATNA (MADHYA PRADESH)

5. DISTRICT CIVIL SUPPLY OFFICER SATNA DISTT.
SATNA (MADHYA PRADESH)

6. PRESIDENT SEVA SAHAKARI SAMITI MARYADIT
JURA BLOCK MAIHAR DISTT. SATNA (MADHYA
PRADESH)

7. SAMITI MANAGER SEVA SAHAKARI SAMITI
MARYADIT JURA BLOCK MAIHAR DISTT. SATNA
(MADHYA PRADESH)

.....RESPONDENTS
(SHRI MANAS MANI VERMA - GOVERNMENT ADVOCATE FOR
RESPONDENT NOS. 1 TO 5)
(SHRI PRAKHAR TIWARI - ADVOCATE FOR RESPONDENT NOS. 6 AND 7)
Signature Not Verified
Signed by: KOUSHALENDRA
SHARAN SHUKLA
Signing time: 15-05-2024
19:19:50
14
WRIT PETITION No. 1205 of 2018

BETWEEN:-
AJAY SINGH S/O RUDRA PRASAD, AGED ABOUT 38
YEARS, OCCUPATION: SALESMAN OF FAIR PRICE SHOP
PATHARKACHAR RUN BY SEVA SAHKARI SAMITI
MYDT PATHARKACHAR DIST. SATNA (MADHYA
PRADESH)

.....PETITIONER
(BY SHRI ANIL LALA - ADVOCATE)

AND
1. THE STATE OF MADHYA PRADESH THROGUH
THE SECRERARY CO OPERATIVE DEPARTMENT
MANTRALAYA, VALLABH BHAWAN, (MADHYA
PRADESH)

2. THE CHIEF EXECUTIVE OFFICER CENTRAL CO
OPERATIVE BANK SATNA SATNA (MADHYA
PRADESH)

3. THE DEUPTY REGISTRAR CO OPERATIVE
SOCIETIES SATNA (MADHYA PRADESH)

4. SEVA SAHKARI SAMITI MYDT PATHARKACHAR
SATNA SATNA (MADHYA PRADESH)

.....RESPONDENTS
(BY SHRI MANAS MANI VERMA - GOVERNMENT ADVOCATE)

WRIT PETITION No. 3981 of 2018

BETWEEN:-
MANISH KUAMR TRIPATHI S/O DEVESH TRIPATHI,
AGED ABOUT 25 YEARS, SEVA SEHAKARI SAMITI
MYDT. DAMHA SATNA (MADHYA PRADESH)

.....PETITIONER
(BY SHRI GREESHM JAIN - ADVOCATE)

AND
1. THE STATE OF MADHYA PRADESH THROUGH
THE SECRETARY CO OPERATIVE DEPARTMENT
MANTRALAYA , VALLABH BHAWAN, (MADHYA
Signature Not Verified
Signed by: KOUSHALENDRA
SHARAN SHUKLA
Signing time: 15-05-2024
19:19:50
15
PRADESH)

2. THE COMMISSIONER CUM REGISTRAR CO
OPERATIVE SOCIETIES BHOPAL (MADHYA
PRADESH)

3. THE CHIEF EXECUTIVE OFFICER DISTRICT
CENTRAL CO OPERATIVE BANK MYDT SATNA
(MADHYA PRADESH)

.....RESPONDENTS
(BY SHRI MANAS MANI VERMA - GOVERNMENT ADVOCATE)

WRIT PETITION No. 7164 of 2018

BETWEEN:-
1. KESHAV PRASAD PATEL S/O CHHOTELAL PATEL,
AGED ABOUT 38 YEARS, OCCUPATION:
SALESMAN SEWA SAHKARI SAMITI MAHUDAR
UP KENDRA PAGRA SATNA (MADHYA PRADESH)

2. SHANKARDEEN PATEL S/O RAM BAHOR PATEL,
AGED ABOUT 42 YEARS, OCCUPATION:
SALESMAN SEWA SAHKARI SAM ITI MAHUDAR
UP KENDRA JHIRIYA (MADHYA PRADESH)

.....PETITIONERS
(BY SHRI VINAY PRATAP SINGH - ADVOCATE)

AND
1. THE STATE OF MADHYA PRADESH THROUGH
THE SECREATARY COOPERATIVE DEPARTMENT
MANTRALAYA, VALLABH BHAWAN, (MADHYA
PRADESH)

2. THE COMMISSIONER CUM REGISTRAR
COOPERATIVE SOCIETIES BHOPAL BHOPAL
(MADHYA PRADESH)

3. THE CHIEF EXECUTIVE OFFICER DISTRICT
CENTRAL COOPERATIVE BANK MARYADIT
SATNA (MADHYA PRADESH)

4. THE SAMITI PRABANDHAK SEWA SAHKARI
SAMITI DUREHA NAGOD SATNA SATNA
(MADHYA PRADESH)

Signature Not Verified
Signed by: KOUSHALENDRA
SHARAN SHUKLA
Signing time: 15-05-2024
19:19:50
16
.....RESPONDENTS
(BY SHRI MANAS MANI VERMA - GOVERNMENT ADVOCATE)

WRIT PETITION No. 9931 of 2020

BETWEEN:-
ANURAG SINGH S/O SHRI ARUN SINGH, AGED ABOUT
25 YEARS, OCCUPATION: SALESMAN SEVA SEHKARI
SAMITI MYDT. KHAMREHI NAGOD SATNA HOUSE NO.9
VILLAGE KHAMREHI NAGOD SATNA (MADHYA
PRADESH)

.....PETITIONER
(BY SHRI GREESHM JAIN - ADVOCATE)

AND
1. THE STATE OF MADHYA PRADESH THR. THE
SECRETARY CO OPERATIVE DEPARTMENT
MANTRALAYA VALLABH BHAWAN BHOPAL
(MADHYA PRADESH)

2. THE COMMISSIONER CUM REGISTRAR
COOPERATIVE SOCIETIES DISTT.BHOPAL
(MADHYA PRADESH)

3. CHIEF EXECUTIVE OFFICER DISTRICT CENTRAL
COOPERATIVE BANK MYDT. DISTT.SATNA
(MADHYA PRADESH)

.....RESPONDENTS
(BY SHRI MANAS MANI VERMA - GOVERNMENT ADVOCATE)

WRIT PETITION No. 11349 of 2020

BETWEEN:-
AMAR SINGH S/O PUSHPARAJ SINGH, AGED ABOUT 33
YEARS, OCCUPATION: ACCOUNTANT SEVA SAHKARI
SAMITI MARYADIT KOTA(NAGAOD)DISTRICT
SATNA(M.P.) (MADHYA PRADESH)

.....PETITIONER
(BY SHRI VINAY PRATAP SINGH - ADVOCATE)

AND
1. THE STATE OF MADHYA PRADESH THR. ITS
Signature Not Verified
Signed by: KOUSHALENDRA
SHARAN SHUKLA
Signing time: 15-05-2024
19:19:50
17
S E C R E T A R Y C O O P E R AT I V E DEPARTMENT
MANTRALAYA VALLABH BHAWAN, BHOPAL MP.
(MADHYA PRADESH)

2. COMMISSIONER CUM REGISTRAR
COOPERATIVE SOCIETY BHOPAL (MADHYA
PRADESH)

3. CHIEF EXECUTIVE OFFICER DISTRICT CENTRAL
COOPERATIVE BANK MARYADIT DISTT.SATNA
(MADHYA PRADESH)

4. THE SAMITI PRABANDHAK SEWA SAHKARI
SAMITI KOTA (NAGOD ) DISTT.SATNA (MADHYA
PRADESH)

.....RESPONDENTS
(BY SHRI MANAS MANI VERMA - GOVERNMENT ADVOCATE)

These petitions coming on for admission this day, the court passed the
following:
ORDER

These petitions are filed by the persons who were working as Salesman/Assistant Manager etc. in various primary cooperative societies. It is pointed out that vide Annexure P-2 the Chief Executive Officer of the District Central Cooperative Bank had directed the Branch Managers of the concerned Banks to remove the (PACS) Primary Agriculture Cooperative Society employees and had asked them not to pay salary to such employees.

Attention is drawn to the order Annexure P-2 dated 25/01/2017 which makes a reference of meeting which was organized by the Commissioner and Registrar, Cooperative Societies on 24/01/2017 wherein it was decided that Banks having weak CRA, action is required to be taken expeditiously at the Branch level and report of compliance is to be sent within three days to the headquarters. Direction was to serve the communication to the President of the Society and the Manager of the Society separately and information be supplied

to the Bank Headquarters promptly.

In para 2, it is mentioned that all those PACS employees who have been illegally appointed, their salary be stopped immediately. In pursuance of this order, relieving order was passed on 31/01/2017 as contained in Annexure P-3.

Petitioners' contention is that neither any opportunity of show-cause was given nor any reason was shown that how their appointments are illegal. It is submitted that since the whole proceeding was drawn on the basis of the directions of the Registrar-cum-Commissioner, Cooperative Societies, there is no scope for approaching the Deputy Registrar or any other subordinate authority to the Registrar under the provisions of Section 55(2) of the Madhya Pradesh Cooperative Societies Act 1960.

Shri Manas Mani Verma, learned Government Advocate submits that petitioners can approach the Tribunal under Section 78 of the M.P. Cooperative Societies Act 1960 which provides that an appeal shall lie from every original order under this Act for the rules made thereunder if such an order is passed by the Registrar, Additional Registrar or Joint Registrar to the Tribunal.

The original order is at the dictates of the Registrar but has not been passed by the Registrar. Annexure P-3 is the original order and once, an order has been passed at the dictates of the Registrar, then petitioners cannot be expected to have a fair chance of hearing before the Deputy Registrar or any other competent authority under Section 55(2) of the Cooperative Societies Act 1960.

Therefore, the plea of availability of alternate statutory remedy is not available under the facts and circumstances of the present case.

The order of cancellation of appointment has been passed without giving any opportunity of hearing to the petitioners and without following the

principles of natural justice. The same are cryptic and are in violation of the judgments of Hon'ble the Supreme Court in the cases of State of Orissa v. Dr. (Ms.) Bina Pani Dei, AIR 1967 SC 1269, A.K. Kariyapak v. Union of India, 1970 SC 152; and Maneka Gandhi v. Union of India, AIR 1978 SC

597. wherein it is held by Hon'ble the Supreme Court that application of principles of natural justice is confined not to judicial or quasi judicial enquiry but even to administrative orders which have civil consequences. In Mohinder Singh Gill v. Chief Election Commissioner, AIR 1978 SC 851 , it is held that 'civil consequences' have been explained as covering infractions not merely of property or personal rights but rights to all civil liberties and non-pecuniary damages as well as adverse effect on reputation. Thus, the principle of giving an opportunity of hearing before passing the orders having civil consequences is the bare minimum necessity.

When tested in this light, the impugned orders of removal/termination cannot be sustained in the eyes of law and are hereby set aside. Respondents are directed to reinstate the petitioners forthwith with a further direction that if their initial appointments were illegal, then the competent authority shall issue show-cause notice to the petitioners disclosing the material against them to show that their initial appointment was illegal and then after receiving reply will pass a fresh speaking order in individual cases.

Shri Anil Lala though submits that the procedure prescribed in Rule 28 of the relevant service rules is required to be followed but this court is of the opinion that if the appointment was illegal at the first place, then no procedure is required to be followed but only show-cause notice will be suffice but if the authorities come to a conclusion that some disciplinary action is to be taken

though the appointment of the petitioners was valid and legal, then the provisions contained in the Service Rules will be required to be followed.

In above terms, the petitions are allowed and disposed of.

(VIVEK AGARWAL) JUDGE vy/ks