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Madhya Pradesh High Court

Kamlesh Kumar Namdeo vs The State Of Madhya Pradesh on 15 May, 2025

Author: Dwarka Dhish Bansal

Bench: Dwarka Dhish Bansal

         NEUTRAL CITATION NO. 2025:MPHC-JBP:23474




                                                              1                                WP-15805-2025
                             IN     THE      HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                       BEFORE
                                     HON'BLE SHRI JUSTICE DWARKA DHISH BANSAL
                                                   ON THE 15th OF MAY, 2025
                                               WRIT PETITION No. 15805 of 2025
                                             KAMLESH KUMAR NAMDEO
                                                      Versus
                                     THE STATE OF MADHYA PRADESH AND OTHERS
                          Appearance:
                             Shri Anil Lala - Advocate for the petitioner.
                             Shri Anshuman Swami - Government Advocate for the respondents 1-2/State.

                                                                  ORDER

This writ petition has been preferred by the petitioner challenging the order dated 23/4/2025 passed by Registrar, Cooperative Societies, M.P., Bhopal, whereby in the pending dispute filed by the petitioner against the order dated 16/7/2024 (Annexure P/2), Registrar has dismissed the application for interim relief and has fixed the case for filing written statement.

2. Learned counsel for the petitioner submits that although the petitioner was appointed as Computer Operator on contractual basis, but he could not have been removed from service without giving due opportunity of hearing, hence, he firstly challenged the order dated 16/7/2024 directly before this Court by filing Writ Petition No.27732/2024, which was disposed off on 1/10/2024 with the direction to the petitioner to approach the Registrar, Cooperative Societies within a period of 15 days from today and in the meantime, the effect of the order was stayed with the direction to the Signature Not Verified Signed by: ARUN KUMAR MISHRA Signing time: 5/16/2025 10:41:52 AM NEUTRAL CITATION NO. 2025:MPHC-JBP:23474 2 WP-15805-2025 Registrar to decide the application for interim relief, if any, to be filed before the Registrar. He submits that as the petitioner was working on the post w.e.f.30/7/2012, therefore, till pendency of dispute before the Registrar, he is entitled for interim relief, because he was not given due opportunity of hearing before passing the order of removal. With these submissions, he prays for interim relief till decision of dispute before the Registrar.

3. Learned counsel for the respondents 1-2/State supports the impugned order and submits that there is no illegality in the order because the petitioner was appointed on contractual basis.

4. Heard learned counsel for the parties and perused the record.

5. Order dated 30/7/2012 (Annexure P/1) shows that the petitioner was appointed as Computer Operator on contractual basis and vide order dated 16/7/2024, petitioner's services were not continued for the reasons mentioned therein. Taking into consideration the aforesaid aspect of the matter, Registrar has refused the prayer for grant of interim relief by dismissing the application under Section 67(1) of the M.P. Cooperative Societies Act, 1960.

6. In view of the aforesaid and upon due consideration, this Court does not find any illegality in the impugned order.

7. Resultantly, this writ petition fails and is hereby dismissed .

8. Misc. application(s), pending if any, shall stand closed.

(DWARKA DHISH BANSAL) JUDGE Arun* Signature Not Verified Signed by: ARUN KUMAR MISHRA Signing time: 5/16/2025 10:41:52 AM