RAMESH CHANDRA GANGWAR Vs. ADDITIONAL SECRETARY FOREST AND RURAL DEVELOPMENT UTTARANCHAL SHASAN AND OTHERS

JUDGEMENT

(1.) THIS petition has been filed by the petitioner seeking writ of certiorari to quash the impugned order dated 20-8-2001 passed by respondent No. 1 and the consequential order dated 31-8-2001 passed by the respondent No. 2.

(2.) THE petitioner is an employee of the Apex Co-operative Society known as U.P. Co-operative Society Sugar Factory Federation. He was appointed under the regulations framed by the Apex Co-operative Society which has become known Multi-State Co-operative as it is having an area of operation in both the States by virtue of Section 95 of the Multi-State Societies Act, 1984. Thus, initially, relieving of the petitioner for Uttaranchal was illegal. He could have been posted in any Co-operative Sugar Factory by the Managing Director. Now the petitioner is again being sent back to join at Lucknow under the orders of the Cane and Sugar Commissioner dated 31-8-2001, who happens to be Registrar of Co-operative Sugar Factories of Uttaranchal. He has no jurisdiction to pass any order in respect of an employee of the Co-operative Sugar Factory Federation. The order of transfer and posting can only be passed by the Managing Director and an employee can be posted in a Sugar Factory either situated in Uttar Pradesh or in Uttaranchal. There cannot be any allocation of Cadre under the regulation framed by the Co-operative Sugar Factory Federation like the Government Service.

(3.) THE writ petition is disposed of accordingly. Petition disposed of.