SATNA CENTRAL CO OPERATIVE AND LAND MORTGAGE BANK LTD Vs. PURANLAL AGRAWAL

JUDGEMENT

(1.) BY this application under Articles 226 and 227 of the Constitution, the petitioner Satna Central Co-operative and Land Mortgage Bank Ltd. (hereinafter referred to as "the petitioner-Bank"), seeks the issue of a writ in the nature of certiorari for quashing an order of the Board of Revenue, Madhya Pradesh, dated 2nd April 1968, and for an appropriate writ or direction in the nature of mandamus to restrain the authorities from giving effect to the impugned order, in the manner threatened.

(2.) THE relevant facts leading to this application are these. By the order impugned, the Board of Revenue, Madhya Pradesh has, in a second appeal under section 77 (2) of the Madhya Pradesh Co-operative Societies Act, 1960 (Act No. XVII of 1961), (hereinafter referred to as "the Act"), reversed an order passed in first appeal by the Joint Registrar of the Co-operative Societies, confirming the acceptance of resignation of the respondent No. 1, Puranlal Agrawal, against whom the petitioner-Bank had instituted an inquiry into certain charges, by a resolution of the Board of Directors passed at its meeting held on 13th July 1965 and instead, set aside the resolution on the grounds that: (i) the Board of Directors of the petitioner-Bank was not during the material time, duly constituted, and (ii) there was no quorum for its meeting held on 13th July 1965 at which the said resolution was passed. Upon these findings, the Board of Revenue has set aside the resolution of the Board of Directors accepting the resignation of the said Puranlal as being legally invalid and, accordingly directed his reinstatement to his post forthwith, with a direction for payment of all the back wages and other allowances for the period during which he was "illegally kept out of office", and held that his resignation had still so far not been "legally accepted".

(3.) AS to the first, it is urged that the words "his decision shall be binding" appearing in section 55 (2) of the Act, renders a finality to the decision of the Registrar on a dispute falling within the purview of that section. It reads: