RAMESH SAHU Vs. STATE OF M P

JUDGEMENT

(1.) APPOINTMENT of respondent No. 4 as Incharge Managing Director, Madhya Pradesh Hathkargha Bunkar Sahkari Sangh Maryadit, Jabalpur, by order dated 24-3-2008, is under challenge in this writ petition under Article 226/227 of the Constitution of India.

(2.) THE petitioner, President, Navdurga Hathkargha Vastrakala Avam Ruidhunkar Udyog Sahkari Samiti Maryadit, 901, South Miloniganj, Jabalpur, questions the appointment on the ground that the same is in violation of the provisions of section 49-E of the Madhya Pradesh Co-operative Societies Act, 1960, (hereinafter referred to as the Act of 1960).

(3.) THE respondents No. 1, 2 and 5, while refuting the claim put forth by the petitioner, by filing a sketchy reply have to submit that, the respondent No. 4 who was working as incharge General Manager was given the additional charge of Managing Director as an interim arrangement, as section 49-E provides for constitution of committee at the State level for selection of Managing Director from the rank of Class- I Officer and pending such selection the interim arrangement has been made till a regular incumbent is appointed. THEse respondents do not deny the fact that respondent No. 4 is not a Class-I Officer and that "to the best of the information available some enquiry before Economic Offence Bureau is pending for investigation". THE respondents have also brought on record, the correspondence dated 8-9-2008, 19-9-2008 and 27-9-2008, regarding the steps undertaken for appointing a regular Managing Director.