J.M. Tandon, J. - (1.) Yash Pal respondent was employed as a salesman with the petitioner Tarn Taran Kisan Co-operative Marketing Society Ltd. On March 31, 1974, he was placed under suspension and was later on charge-sheeted. After holding enquiry, the Board of Directors of the Petitioners passed a resolution on March 12, 1975, dismissing him from service The respondent filed an appeal before the Registrar, Co-operative Societies, against the resolution of the petitioner dated March 12, 1975, who marked it for disposal to Hardial Singh Brar, Additional Registrar Co-operative Societies (respondent) for (disposal. The Additional Registrar issued a notice to the petitioner for appearance. The petitioner did put in appearance before the Additional Registrar and raised a preliminary objection that the appeal was not maintainable. The Additional Registrar, however, directed the Deputy Registrar, Co-operative Societies, Amritsar, to send his para-wise comments on the appeal filed by Yash Pal respondent. The petitioner has filed the present writ challenging the competency of the registrar or the Additional Registrar to entertain the appeal and has prayed that the appeal proceedings be quashed
(2.) Yash Pal, respondent, has not submitted any return. The only return filed is by the Deputy Registrar, Co-operative Societies respondent Mo 3 which is not very relevant in the context of issue under consideration.
(3.) The contention of the learned counsel for the petitioner is that no appeal against the order of dismissal of Yash Pal respondent by the Board of Directors of the petitioner Society is maintainable under Sec. 68 of the Punjab Co-operative Societies Act, 1961, (hereinafter the Act; This fact is not disputed (and rightly, by the learned counsel for the respondents. The learned counsel for the petitioner has further argued that an appeal against such order is provided under rule 36 of the Punjab Cooperative Marketing Societies Service Rules, 1958, which reads:- "A confirmed employee who has been punished by the Managing Committee may appeal to the Registrar within two months from the date of communication of the orders of punishment. The decision of the Registrar shall be final and binding on both the parties.";