- (1.) Heard learned counsel for the appellant.
(2.) This appeal is directed against the order of the Division Bench dated 8th May, 2009 in CWP No. 4089(S)in and by which the Division Bench upheld the order of the Madhya Pradesh State Cooperative Tribunal dated 18th March, 2009 passed in First Appeal No.120 of 2008 along with First Appeal No.67 of 2009. The Tribunal by the said order held that the appellant's application filed under Section 55(2) of the Madhya Pradesh Cooperative Societies Act was belated by 2 days and since there being no provision for condoning any delay in filing of the appeal and Section 5 of the Limitation Act was also not applicable, the application of the appellant against the order of punishment, was liable to be rejected. The Division Bench having now confirmed the said order of the Tribunal the appellant is before us.
(3.) To briefly narrate the sequence of events, the appellant is an employee of the respondent bank which is a Cooperative Bank. For certain acts of misconduct, he was proceeded against and by an order dated 8th August, 1995 he was imposed with the punishment of freezing of 5 increments which resulted in his then current salary of Rs. 1600/- which was brought down to the minimum level of Rs. 1180/-. Aggrieved against the said order, the appellant filed an application before the Deputy Registrar on 11th September, 1995. As per Section 55(2) of the Act, the appeal ought to have been filed on or before 8th September, 1995. Unfortunately, the Deputy Registrar who was competent to decide his application by his order dated 16th April, 2002, upheld the order of punishment dated 8th August, 1995. It must be stated that at that point of time, the question of limitation appeared to have been not raised by the respondent herein. The appellant preferred an appeal before the Joint Registrar who partially allowed his appeal by his order dated 29th April, 2003.;