SARVESH KUMAR Vs. STATE OF U.P.

JUDGEMENT

(1.) The petitioner being Officiating/In-charge Secretary of the Co-operative Society namely Sadhan Sahkari Samiti Limited, Karanpur District Firozabad seeks to challenge the order dated 04.06.2019 passed by respondent No.2 namely Assistant Commissioner and Assistant Registrar, Co-operative Societies, Firozabad on two grounds. Firstly, that the Assistant Registrar has no power to remove the petitioner from the post of In-charge Secretary, in as much as, the petitioner is an officer of the Co-operative Society and the power for removal lies with the committee of management of the co-operative society i.e. respondent no.3.

(2.) Second ground of attack is that no opportunity whatsoever has been granted by the Assistant Registrar before revoking the approval granted by him to the appointment of the petitioner as In-charge Secretary.

(3.) Submission of the petitioner are controverted by Sri Abhishek Mishra learned counsel for the respondent no.4 with the submission that the Assistant Registrar has power to oversee the appointment of Secretary of the U.P. Co-operative Society. Reference has been made to the provisions of Section 120 of the Co-operative Societies Act' 1965 read with the Rules 124 and 125 of the U.P. Co-operative Societies Rules' 1968 framed under Section 130 of the Act' 1965. The submission is that the Registrar of the Co-operative Society has power to remove a person who has been appointed as Secretary of the Co-operative Society in contravention of the provision contained in sub-section (1) of Section 120 . He further refers to Section 124 to submit that no officer of the Co-operative Society can be given charge of the Secretary of the society without there being any approval of the Registrar for the proposal of appointment made by the committee of management of the society.