P L SHARMA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) PRESENT petition is preferred assailing the order dated 23.02.2015, annexure No. 9 to the writ petition, whereby Assistant Development Officer (Cooperative), Sahaspur, District Dehradun was appointed Liquidator of the Cooperative Society, in question, instead of Shri P.L. Sharma, retired Assistant Development Officer (Cooperative) petitioner herein.

(2.) BRIEF facts of the present case, inter alia, are that Assistant Development Officer (Cooperative), Sahaspur, District Dehradun was appointed as Liquidator of the Cooperative Society while exercising jurisdiction under Section 73 of the Uttaranchal Cooperative Societies Act, 2003; thereafter, vide order dated 16.02.2010, petitioner, who was working as Inspector (Cooperative), Class -II in the Cooperative Societies was appointed as Liquidator in view of the fact that the then Assistant Development officer stood retired on reaching the age of superannuation; vide order dated 07.03.2014, passed by the Division Bench of this Court in WPPIL No. 101 of 2013, S.S.P., Dehradun, Sub Divisional Officer, Vikas Nagar and Circle Officer, Police Station Vikas Nagar were directed to provide all necessary assistance to the Liquidator to comply with the order, i.e. hand over possession and assets of the Cooperative Society in liquidation to the Liquidator; meanwhile, petitioner, on reaching the age of superannuation, stood retired and impugned order came to be passed; feeling aggrieved, petitioner has approached this Court by way of invoking Article 226 of the Constitution of India.

(3.) SECTION 73 of the Uttaranchal Cooperative Societies Act, 2003 reads as under : -