T.S. Doabia, J. - (1.) A resolution was passed in favour of the petitioners. It was proposed to give the petitioner No. 1 appointment on compassionate ground. Copy of the order has been placed on record as Annexure P/3. This has, however, been annulled by the Registrar, Co-operative Societies. The Registrar, Co-operativce Societies, has exercised power under section 49-A of the M.P. Co-operative Societies Act, 1960.
(2.) The only argument which has been raised by the learned counsel appearing for the petitioners is that no order would prejudice to the rights of the petitioners, as no opportunity of hearing was afforded to them.
(3.) The requirement to give an opportunity is a must. There is a Full Bench decision given by the Punjab & Haryana High Court in case of Hans Raj Sachdeva, Secretary, Municipal Committee v. The State of Punjab and others, 1975 Lab.I.C. 478, wherein it was held that opportunity is required to be given even where the statute is silent about the requirement to give opportunity. The same view has been expressed by the Punjab and Haryana High Court in the case of M/s. Chaman Lal and Sons v. State of Punjab and others, AIR 1974 Punjab and Haryana 43; and, Jathedar Jagdev Singh and others v. The State of Punjab, AIR 1982 Punjab and Haryana 16. A Division Bench of this Court in case of Sanjay Kumar Dixit v. Collector, Jabalpur and others, 1994(1) Vibha 137, has expressed similar opinion in the following words:- "The cancellation of that appointment order has resulted in termination of the services of the petitioner from the Panchayat. Such an adverse order could not be validly passed without hearing the petitioner who has been adversely affected by the order. The provisions contained in section 78 of the Act of 1981 do not specifically provide for grant of an opportunity of hearing to the person likely to be affected by any action taken thereunder but such a requirement has to be read in that section by implication being part of principles of natural justice. The petitioner has lost his status and service in the Panchayat by passing of the impugned order. The order passed by the Collector, therefore, cannot be supported even on the provision of section 78 of the Act of 1981, because the petitioner was never given any show cause or hearing before taking the impugned action.";