TMI Blog2005 (1) TMI 695X X X X Extracts X X X X X X X X Extracts X X X X ..... n the public interest to pre- maturely retire him. He had attained the age of 56 years and served for more than 27 years. The Chief Executive officer issued an office order dated 1.4.1988 compulsorily retiring him from service under the provisions of Rule 244(2)(i) of the Rajasthan Service Rules, 1951 (in short 'Service Rules'). The appellant challenged the said order by way of a revision petition before the Additional Registrar-II, Cooperative Societies, Rajasthan Jaipur (in short 'Additional Registrar'). By order dated 9.5.1996, the revision was allowed on the ground that Rule 244(2) of the Service Rules was not applicable to the employer-society and on the other hand his service conditions were governed by Rule 41 of the Rajasthan Cooperative Societies Rules, 1966 (in short the 'Rules'). Under the said Rule approval of the Registrar is a condition precedent for pre-mature retirement. Employees-society challenged the decision of the Additional Registrar by way of revision before the State Government under Section 128 of the Act. The Secretary, Cooperative Department, Government of Rajasthan, Jaipur (in short 'Secretary') found that the revision bef ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ted that the High Court erred in holding that Section 128 of the Act related to two authorities i.e. the State Government and the Registrar. In fact the two authorities are interchangeable. If one authority has exercised the revisional power other authority logically could not have exercised such power. In any event, second revision was not maintainable. Strong reliance was placed on Roop Chand v. State of Punjab and Anr. (AIR 1963 SC 1503) for supporting the plea. It was further contended that the service rules had no application as the employer had never decided to adopt the service rules. Before the Additional Registrar a plea was taken that Administrator had no power to direct compulsory retirement as he was not the appointing authority. This plea was given up stating that the Administrator having taken over the management had authority to pass the order of pre-mature retirement subject of course to fulfilment of requirements of Rule 41 of the Rules, and not under Rule 244 of the Service Rules. Per contra, learned counsel for the respondents submitted that the factual scenario as presented by the appellant is not correct. In fact, the employer society had decided to ado ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... but rather the conferring authority upon someone else. At common law, it is the transfer of authority by one person to another, the act of making or commissioning a delegate. Expression 'delegation of authority of power' is a term which like the word 'delegate' does not imply a parting with powers by the person who grants the delegation, but points rather to the conferring of an authority to do things which otherwise that person would have to do himself. In Collins English Dictionary the word 'delegate' has been stated to be a person who is chosen to vote or make decisions on behalf of a group of other people. If you delegate duties, responsibilities or power to someone, you give them those duties, those responsibilities, or that power so that they can act on your behalf. If you are delegated to do something you are given the duty of acting on someone else's behalf by making decisions, voting, or doing some particular work. In Black's Law Dictionary, 6th Edition, the word 'delegate' has been stated to mean a person who is appointed, authorized, delegated or commissioned to act in the stead of another. Transfer of authorit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... iew might take place before another and a different Judge; because death or some other unexpected and unavoidable cause might prevent the Judge who made the decision from reviewing it; but we do say that such exceptions are allowable only ex necessitate. We do say that in all practicable cases the same Judge ought to review; ...... It is, therefore, clear that the same Judge who disposes of a matter, if available, must review the earlier order passed by him inasmuch as he is best suited to remove any mistake or error apparent on the face of his own order. Again, he alone will be able to remember what was earlier argued before him or what was not argued. In our opinion, the above principle is equally applicable in respect of orders of review passed by quasi-judicial authorities. However, these principles about which there is no dispute have no application to the facts of the present case. It was in reality not revision by a delegator. The State Government had nowhere delegated revisional power to the Additional Registrar. Rule 244 of the Service rules which is noted above, is applicable to the appellant clearly provides that an employee may be compulsorily retired after com ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nder this section in case in which an appeal lies to him under this Act. Explanation :- For the purpose of this sub-section the Assistant Registrar, Deputy Registrar and Joint Registrar exercising all or any of the powers of the Registrar under this Act shall be deemed to be subordinate to the Registrar. (2) pending the hearing under sub-section (1), the government or the Registrar may pass such interlocutory order as it or he thinks fit to prevent the ends of justice from being defeated. In addition, Sections 123, 124 and 125 are also relevant. Section 124 deals with Appeals to other authorities . Chapter XIII deals with Appeal, Revision and Review . Section 123 deals with Constitution of and appeals to the Tribunal . Sub-section (6) of Section 123 provides for appeal to the Tribunal against the decision of the Registrar under certain provisions. Section 124 reads as follows: 124. Appeals to the other authorities: (1) An appeal shall lie under this section against, (a) an order of the Registrar made under sub- section (2) of Section 8 refusing to register a Co-operative Society; (b) an order of the Registrar made under sub- section (4) of Sectio ..... X X X X Extracts X X X X X X X X Extracts X X X X
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