SUMAN SINGH VALDIA Vs. SECRETARY ADMINISTRATE DEPARTMENT

JUDGEMENT

(1.) Heard learned counsel of the parties. By means of this writ petition, the petitioners have sought following reliefs:-

(2.) According to the petitioner, the ground of challenging the entire selection process is that as per provision of Section 2 (d) of the Uttar Pradesh (Recognition of Service Associations) Rules, 1979, the word "Association" means a group of employees of a distinct category of Government Servants in a particular department. It is further contended that as per Section 5(c) of the Rules, the condition precedent for recognition is membership of the Association and is restricted to a distinct category of serving Government employees (excluding retired) and represents more than 50 percent of the total strength of that particular category. The petitioners' grievance is that the Association-Uttarakhand Secretariat Association has its own constitution and is recognized by the Government under said Rules. The recognition of said Association was obtained by fraud and including the other Estate Department employees.

(3.) Section 8 of said Rules provides for withdrawal of recognition of Association if the same was obtained on wrong facts or suppression of material facts or by fraudulent mis- representation of facts. Section 8(d) of said Rules further provides that the recognition may be withdrawn if the Association has made breach of any of the conditions laid down in rules 4,5,6 or 7, as the case may be. In Sub-clause (2) of Section 8 it is mentioned that the recognition granted to an Association shall not be withdrawn except after an opportunity to show cause against the proposed action has been afforded. The petitioners have challenged the election process of the Uttarakhand Secretariat Association 2010-12.