HARPAL SHARMA Vs. STATE OF U P

JUDGEMENT

(1.) PETITIONER who according to the assertions made in the writ petition, was appointed as Technical Assistant/Extension Assistant in the pay -scale of Rs. 900 -1400/ -by the order dated 25.1.1980 with the respondent No. 2, Kaili Kisan Sewa Sahkari SamitiLtd., Block -Kharkhaunda, District -Meerut which is a primary agricultural credit cooperative Society registered under the provisions of U.P. Cooperative Societies Act, 1965. The petitioner was suspended by the order of Managing Director of the said Society by the order dated 16.6.1992. A charge -sheet was served upon the petitioner and he was asked to submit a reply to the same, petitioner states that he has submitted reply on 8.11.1993. The petitioner's services were terminated by order dated 21.11.1994 by the Managing Director of the Society. It has been stated in the order that the petitioner was served with the charge -sheet but he has not submitted any explanation to the said charge -sheet. It was also stated that the petitioner was asked to hand over the charge by the notice, which was sent by registered post on 22.7.1992 and notice was published in the daily newspaper also on 16.9.1992. Inspite of notice, the charge was not handed over by the petitioner. Since petitioner neither submitted any reply, nor handed over the charge, it has been presumed that whatever the charges are levelled against the petitioner, are accepted by the petitioner and that he has nothing to say in the matter. Therefore, termination order was passed; The petitioner has filed a supplementary affidavit wherein it is stated that the petitioner1 services are governed by the provisions of U.P. Cooperative Societies Employees' Service Regulations, 1975. The respondent Society being a Primary Agricultural Cooperative Credit Society is governed by U.P. Primary Agricultural Cooperative Credit Societies Centralised Service Rules, 1976 framed in exercise of powers conferred by Section 122 -A of the Uttar Pradesh Cooperative Societies Act, 1965. The said Centralised Service Rules provide as to what category of the employees would be governed by the aforesaid Rules. According to Rule 3 of the aforesaid Rules, the Centralised Service shall comprise of the posts of Secretaries of the Societies. The meaning of 'Society' has been defined under Rule 2 (i) 'Society' means the Primary Agricultural Co -operative Credit Society registered or deemed to be registered under the Uttar Pradesh Cooperative Societies Act, 1965. Thus, the aforesaid Centralised Service Rules, 1976 do not apply to the services of the petition. The petitioner according to his own statement was not appointed as Secretary to the said Society. So far as the provisions of Uttar Pradesh Cooperative Societies Employees' Service Regulations, 1975 are concerned the same will not apply to the appointment of the petitioner in as much as the Uttar Pradesh Cooperative Societies Employees' Service Regulations, 1975 are framed in exercise of powers conferred by subsection (2) of Section 122 of Uttar Pradesh Cooperative Societies Act, 1965. The aforesaid Service Regulations defines 'Co -operative Society' under Regulation 2 (ix) which runs as under :

(2.) THE word 'Board' is defined under Regulation 2(iv) which is as under : -

(3.) IN this view of the matter, petitioner is an employee of Cooperative Society and his services are not governed by any statutory Rules or Regulations. Thus, the termination of the petitioner's services, being termination by the Committee of Management of the Society, which is not governed by any statutory provisions cannot be said to be erroneous. Since there is no statutory provisions governing the relationship between petitioner and the Society, petitioner shall not be entitled for relief of writ of certiorari and mandamus as claimed by him.