RAJEEV AGARWAL Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The jurisdiction of this Court has been invoked by the petitioner seeking a writ of certiorari to quash the order of punishment passed by the third respondent dated 08.09.2011; for a writ of mandamus commanding the respondents to forthwith reinstate the petitioner in service; and to grant him all consequential benefits which he would have availed in the absence of the order terminating him from service.

(2.) Facts, to the limited extent necessary, are that the U.P. Cooperative Sugar Mills Federation Ltd. is the apex co-operative society funded and controlled by the Government of Uttar Pradesh under the U.P. Cooperative Societies Act, and the Managing Director of the federation is a senior IAS officer appointed by the State Government. The Government of Uttar Pradesh framed service Rules, for employees of the cooperative sugar federation, which were notified in the official gazette on 06.01.1989. These Rules continue to apply even to the State of Uttarakhand after its creation. The petitioner was initially appointed as a Chief Accountant in the U.P. Cooperative Sugar Mills Federation Ltd. on 29.03.1984.

(3.) On the creation of the State of Uttarakhand on 09.11.2000, employees of the federation were called upon to give their options. Those, who exercised their options, were allotted to the new State in different sugar mills. The Uttarakhand Cooperative Sugar Mills Corporation Ltd. now controls the sugar mills, situated in the State of Uttarakhand, which were hitherto under the control of the U.P. State Sugar Corporation Ltd, and the U.P. Co-operative Sugar Mills Federation Ltd. The second respondent controls a total of six sugar mills. While the petitioner was working at the Kisan Sahakari Chini Mill Ltd., Nadehi, he was given officiating charge, of the Post of General Manager, in the month of May, 2003. He was transferred as in-charge General Manager, in the month of September, 2005, to the Kisan Sahakari Chini Mill Ltd., Sitarganj, where he joined duty on 21.09.2005. Both these sugar mills, located in the Udham Singh Nagar district, are under the control of the District Magistrate who is the administrator for all co-operative sugar mills in the district.