OM PRAKASH WALIA Vs. REGISTRAR COOPERATIVE SOCIETIES

JUDGEMENT

(1.) THE material facts are these. On or before 5th July, 1985, the petitioner had been appointed as a Section Officer in the District Cooperative Bank, Dehradun, by its Committee of Management. On 5th July, 1985, the Committee of Management was superseded and in purported exercise of power under section 29 (4) of the U. P. Cooperative Societies Act, 1965 (hereinafter referred to as the Act) the Deputy Registrar Cooperative Societies appointed the Assistant Registrar as an Administrator of the Bank. THE Deputy Registrar while appointing the Administrator made it clear that he (the Administrator) will exercise all the powers of the Committee of Management except the power of transferring employees of the Bank and the power to make fresh appointments. On 14th October, 1986, the Secretary of the Bank passed an order transferring the petitioner from the Head Office to a branch office at Kalsi. On 28th October, 1986, the Deputy Registrar modified his order dated 5th July, 1985 and conferred upon the Administrator all the powers of Committee of Management (the result was that the Administrator acquired the power of transferring employees and also the power of making fresh appointments). On 6th November, 1986, the instant petition was presented in this Court with the principal prayer that a writ of certiorari may be issued quashing the order of transfer dated 14th October, 1986, passed by the Secretary. THE ground taken was that the Secretary had no jurisdiction to pass the order of transfer. This Court, on 6th November, 1986, passed the following order :-

(2.) THE representation appeal of the petitioner was disposed of by a committee which has been described by the respondents in their counter-affidavit as an " Administrative Committee " on 9th December, 1986. THE committee ratified the order of the Secretary dated 14th October, 1986 transferring the petitioner. However, it also modified his order by saying that the petitioner will be posted as a Senior Branch Manager at Premnagar. THE said decision of the committee has also been impugned in the present petition by seeking an amendment. THE committee has also been impleaded as one of the respondents.

(3.) IN our opinion, the order of 14th October, 1986, now stands superseded by the order of the " Administrative Committee " dated 9th December, 1986. IN substance, the order of the " Administrative Committee " dated 9th December, 1986, means that the petitioner was transferred from the Head Office as Senior Branch Manager at Premnagar. Therefore, attention has to be focussed on the legality of the order of the " Administrative Committee " dated 9th December, 1986.