ISHWAR SINGH versus STATE OF RAJASTHAN AND ORS.

ISHWAR SINGH versus STATE OF RAJASTHAN AND ORS.

State Government was competent to entertain the revision application as it never delegated revisional power to the Additional Registrar. Section 128 provides for concurrent revisional jurisdiction between Registrar and State Government; they are not interchangeable. The Service Rules were applicable to the appellant by virtue of adoption by employer and notification by Registrar. Compulsory retirement under Rule 244, Rajasthan Service Rules, was valid.

Parties
Appellant: Ishwar Singh; Respondents: State of Rajasthan and Ors.
Jurisdiction
India
Judgment Date
05 January 2005
Procedural Posture
Civil Appeal / Final Decision on Appeal From Rajasthan High Court
Outcome
Appeal dismissed
Legal Topics
Delegation of Revisional Powers, Compulsory Retirement, Applicability of Service Rules, Jurisdiction Under Cooperative Societies Act
Administrative Law Labour & Service Law Delegation of Revisional Powers Compulsory Retirement Applicability of Service Rules Jurisdiction Under Cooperative Societies Act

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Parties

Ishwar Singh

Appellant

State of Rajasthan and Ors.

Respondents

Procedural Posture

Civil Appeal / Final Decision on Appeal From Rajasthan High Court

Legal Issues

  1. 1 Whether State Government was competent to entertain revision under Section 128 of the Rajasthan Cooperative Societies Act, 1965 after Additional Registrar's order
  2. 2 Applicability of Rajasthan Service Rules to the employer-society
  3. 3 Jurisdiction and distinction between State Government and Registrar under Section 128

Ratio Decidendi

State Government was competent to entertain the revision application as it never delegated revisional power to the Additional Registrar. Section 128 provides for concurrent revisional jurisdiction between Registrar and State Government; they are not interchangeable. The Service Rules were applicable to the appellant by virtue of adoption by employer and notification by Registrar. Compulsory retirement under Rule 244, Rajasthan Service Rules, was valid.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed without any order as to costs