- (1.) Heard Sri Ashok Khare, learned senior counsel for the petitioner, learned standing counsel for respondent Nos. 1 and 2 and Sri S. K. Singh for the respondent No. 3.
(2.) The order under challenge are dated 23.9.2009 directing the petitioner to pursue his appeal and the order of dismissal dated 11.2.2009. The petitioner was a Secretary of Sahkari Upbhokta Bhandar at Maharajganj under the Uttar Pradesh Sahkari Upbhokta Bhandar Kendriyit Sewa. The petitioner was dismissed from service on 11.2.2009. Against the said order, the petitioner preferred his claim before the Registrar under Section 128 of the Co-operative Societies Act, 1965. The order dated 23.9.2009 redirects the petitioner to file an appeal under the provisions of Rule 29 (4) of the Uttar Pradesh Sahkari Upbhokta Bhandar Centralized Service Rules, 1986 and the said representation has been directed to be treated as an appeal within time.
(3.) Sri Khare contends that as matter of fact the impugned order of dismissal itself is liable to be set aside as it proceeds on erroneous assumptions of fact and law and further there was no occasion for the Registrar to have converted the representation into an appeal and send it to the appropriate authority. For this, Sri Khare contends that exercise of power under Section 128 is an independent power and it is not necessary that the petitioner should file an appeal against the order of dismissal. He further submits that the appeal has to be decided by the State Cadre Authority where the Chairman and Member Secretary are the same persons who are the Chairman and Member Secretary of the Administrative Committee. In view of this, the contention is that this exercise of entertaining an appeal would be illusory as these 2 persons would be hearing an appeal against their own orders.;