JIDAM HIRI Vs. STATE OF ARUNACHAL PRADESH

JUDGEMENT

(1.) By this application made under Article 226 of the Constitution of India, the petitioner, a Junior Inspector of Co- operative Societies (in short, "JICs") in the office of the Assistant Registrar, Co- operative Societies, Daporijo, P.O. and P.S.Daporijo, District Upper Subansiri, Arunachal Pradesh, has approached this Court with prayer to set aside and quash the order No. Co-op (GEN) 2/2001, dated 15.01.2002 (Annexure-II to the writ petition) issued by the respondent No. 2, namely, Registrar, Co-operative Societies, Govt. of Arunachal Pradesh, whereby Shri L.Rigia, JICs, has been appointed to function as Managing Director of Dapo Lamp Ltd., Daporijo, Upper Subansiri District, Arunachal Pradesh, in place of the present petitioner.

(2.) In a nutshell, petitioner's case runs thus: The petitioner was appointed, in the year 1996, as a Junior Inspector of Co- operative Societies (JICs), whereas the private respondent No. 4 joined as JICs in the year 1997. The private respondent No. 4 is, thus, junior to the petitioner. The societies registered under the Societies Registration Act, 1978 (as extended to the State of Arunachal Pradesh) are managed and run by Senior Inspector of Co- operative Societies (in short, "SICSs"), JICS or Assistant Registrar of Co- operative Societies (in short "ARCS"). The petitioner has been functioning as Managing Director of Lapo Lamp Ltd., Daporijo, Upper Subansiri District, Arunachal Pradesh (hereinafter referred to as "the said Society") since the month of May, 1999, upon having received charge thereof from a SICS. The petitioner's father is an active member of Arunachal Congress and in that view of the matter, Shri Nyato Rigia, a member of Legislative Assembly (MLA) of Arunachal Pradesh, requested the Registrar, Co-operative Societies, to issue/pass an order handing over the post of Managing Director of the said Society to one Shri L. Rigia, a cousin of Shri Nyato Rigia aforementioned. As this request was not acted upon, Shri Nyato Rigia wrote a letter, on his personal pad, to the Chief Minister of Arunachal Pradesh, on 24.12.2001, repeating his request to remove the petitioner from the said post. This letter was endorsed to the Minister of Co-operative Societies and the same, eventually, reached the office of the Registrar, Co-operative Societies. In this letter, Shri Nyato Rigia has alleged that the petitioner is a strong supporter of Arunachal Congress his father is also a Central Executive Member and, thus, making such vague allegation, with the object of harassing the petitioner and to get the petitioner relieved of his said post of Managing Director, suggested that the petitioner should be transferred, though the petitioner never took any active part in politics and he is a dedicated Govt. employee having no adverse remark in his service career. Under persistent request and pressure of Shri Nyato Rigia, respondent No. 2, namely, Registrar of the Co-operative Societies had to pass the order No. COOP(GEN)2/2002, dated 15.1.2002 (Annexure-II to the writ petition) directing the petitioner to hand over charge of the post of Managing Director of the said Society to Sri L. Rigia, aforementioned, who is junior to the petitioner in the same cadre. The removal of the petitioner from the said post of Managing Director was, thus, arbitrary, malafide and on wholly extraneous considerations. Subsequently, on the strength of W.T. Message No. COOP(GEN) 2/2001, dated 20.2.2002 (Annexure-III to the writ petition) issued by the office of the respondent No. 2, the petitioner was allowed to continue as Managing Director of the said Society. However, Sri Nyato Rigia aforementioned wrote another letter, on 10.4.2002, to the Chief Minister of Arunachal Pradesh, which was endorsed to the respondent No. 2, alleging to the effect that the petitioner had manipulated and managed to remain as the Managing Director of the said Society. In consequence of this letter, another Fax message, dated 27.5.2002, (Annexure-V to the writ petition) has been issued to the respondent No. 3, namely, the Assistant Registrar, Co-operative Societies, by the respondent No. 2 asking the respondent No. 3 to direct the petitioner to hand over the charge of the post of Managing Director of the said Society to Sri L. Rigia aforementioned. The petitioner has accordingly approached this Court for setting aside and quashing the order, dated 15.1.2002, aforementioned, whereby Sri L. Rigia was appointed as Managing Director of the said Society and the petitioner was directed to hand over the charge to Sri L. Rigia aforementioned.

(3.) The State respondents have not contested this case, but the private respondent No. 4, viz., Sri L. Rigia has filed an application for modification/ vacation of the interim direction passed in this case suspending the impugned order, dated 15.1.2002, aforementioned and this application has been treated, with the consent of the parties concerned, as the affidavit-in-opposition of the respondent No. 4 in the main writ petition and as agreed to by learned counsel for the parties, this writ petition is disposed of on merit.