HAMABHAI SADULBHAI NAKUM Vs. GOVERNMENT OF GUJARAT

JUDGEMENT

(1.) THE present petition has been filed by the two petitioners, namely, Hamabhai Sadulbhai Nakum and Meghajibhai Punabhai Nakum. However, on the last date of hearing, Shri Ajmera, learned Counsel for the petitioners submitted that he is pressing the Writ Application for and on behalf of petitioner No.2 only. In view of the said statement recorded on 2nd March, 2007, the petition at the instance of the petitioner No.1 is dismissed.

(2.) ON 1st November, 1990, a show cause notice was issued to the present petitioner No.2 on the ground that he committed some misconduct. A reply was filed, however, vide Order dated 23rd October, 1992, the petitioner No.2, namely, Meghajibhai, was removed from the Office of the Secretary. The respondent No.2 dismissed the appeal and as the revision was dismissed by the State Government, petitioner No.2 is before this Court.

(3.) SHRI Ajmera, learned Counsel for the petitioner -Meghajibhai, placing reliance upon a single Bench's judgement of this Court in the case of Velabhai Hardasbhai Patel vs. Hirabhai Hardasbhai and Ors., [2006(3) G.L.H. 613], submits that the powers under Section 76B of the Gujarat Cooperative Societies Act, 1961 can be exercised against the Officer of the society and not against any other person or an employee. According to him, undisputely, Meghajibhai is a paid employee and under the circumstances, the Registrar would have no powers to remove a paid employee of the society.