JEET RAM GUPTA Vs. UNION OF INDIA

JUDGEMENT

(1.) THE impugned Office Order No.132/2013 dated December 23,2013 has been issued by the Central Government and is addressed to The National Co -operative Consumers Federation of India Ltd., a multi -State co -operative society registered under The Multi -State Co -operative Societies Act, 2002. It conveys the decision of the Competent Authority that hithertofore Shri S.K.Nag, Director (CWF) would hold additional charge to the post of the Managing Director of the Society. Filed in public interest, the challenge is to the said order, alleging that the same is contrary to not only the bye -laws of the society but even The Multi -State Cooperative Societies Act, 2002. It is the case of the petitioner that the order violates the very ethos of a co -operative movement.

(2.) JUST as any other juristic entity discharges its functions through human beings, a multi -State co -operative society registered under The Multi -State Co -operative Societies Act, 2002 acts through human beings: The Board. As per Section 3(b) of the Act the Board means the Board of Directors or the Governing Body of a multi -State co -operative society in which the direction and control of the management of the affairs of the society is vested.

(3.) THE powers and functions of the Board are as per Section 49 of the Act.