SURESH SINGH Vs. STATE OF U P

JUDGEMENT

(1.) RAKESH Tiwari, J. Heard learned Counsel for the parties and perused the record.

(2.) BY means of this writ petition the petitioner has challenged the impugned order/resolution dated 18- 10-2006 passed by the Member Secretary, District Administrative Committee-cum-Secretary/general Manager, District Sahkari Bank, Budaun whereby the charge of Sri Ram Pal Singh, Secretary of the respondent-Society by virtue of his superannuation, has been given to Sri Hukum Singh, respondent No. 5. The petitioner claims that the charge of the retiring Secretary ought to have been handed over to him as he was the senior-most clerk in the Society.

(3.) IT is true that normal principle is that the charge should be handed over to the senior-most person which was followed by the Board of Directors initially by passing a resolution to hand over charge to the petitioner, but when it came to the notice of the Board of Directors that there was a charge of embezzlement against the petitioner the resolution was modified and in pursuance of these facts and the charge of Secretary was given to Sri Hukum Singh, respondent No. 5.