L. GOJENDRA SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner in this writ application questions the legality of the order dated 4.6.2003 passed by the respondent no.3 terminating his service.

(2.) THE National Co -operative Union of India(for short 'NCUI ')issued an advertisement for appointment of a Project Officer in the year 1999 and petitioner was one of the several applicants for appointment to such post. He was subjected to recruitment test and on the recommendation of the Selection Committee, he was appointed as a Project Officer in NCUI Co -operative Education Field Project, Bishnupur in the State of Manipur vide office order dated 19th July, 1999 and continued to hold such post till the order of termination was passed by the respondents on 4.6.2003. The impugned order of termination in Annexure -A/9 is quoted below:

(3.) A preliminary objection is raised on behalf of the respondents 2 to 4 with regards tothe maintainability of the writ application. It is stated in the counter affidavit filed on behalf of the above respondents that NCUI is not a State within the meaning of Article 12 of the Constitution of India and as such the writ is not maintainable against a private body. In answer to the preliminary objection raised on behalf of the respondents, it was submitted by Mr.Kh. Tarunkumar Singh, learned counsel appearing for the petitioner that the NCUI is discharging public duty and as such it is an ''Authority '' within the meaning of Article 12 of the Constitution of India and therefore, the writ application is maintainable.