LAMBUDHAR GOGOI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. P. Mahanta, learned counsel appearing for the writ petitioner. Also heard Mr. G. Bordoloi, learned Standing Counsel, Cooperation Department, Assam appearing for the respondent Nos.1, 3, 4, 5 and 6, Mr. T. C. Chutia, learned Additional Senior Government Advocate, Assam appearing for the respondent No.2. Mr. F. Khan, learned counsel has appeared for the respondent No.7.

(2.) The writ petitioner herein was appointed as the Office Assistant of the Chapanala Cooperative Society Limited. By the order dtd. 16/5/2011 issued by the Additional Registrar of Cooperative Societies (Admin), Assam, he was allowed to function as the in-charge Secretary of the said Society. While the petitioner was discharging his duties as the In-charge Secretary of the Chapanala Cooperative Society Limited, by the order dtd. 5/6/2020, he was placed under suspension for a period of 90 days, based on a resolution adopted by the Board of Directors of the Chapanala Cooperative Society Limited. Thereafter, by the impugned order dtd. 2/9/2020 the service of the petitioner was terminated. The instant writ petition has been filed assailing the order of termination dtd. 2/9/2020 primarily on the ground that the impugned order has been issued in violation of the principles of natural justice as well as the statutory provisions.

(3.) By referring to the materials available on record, Mr. Mahanta has argued that as per the provisions of Sec. 38 of the Assam Cooperative Societies Act, 2007 (hereinafter referred to as 'the Act of 2007) read with Rule 27 of the Byelaws framed thereunder, the Board of Directors could not have removed the petitioner from service without serving him a show cause notice and also without obtaining the approval of the Registrar of Cooperative Societies. Therefore, it is a clear case where the respondents have not only acted in violation of the principles of natural justice but also in contravention of the provisions of the Act of 2007 as well as the Byelaws framed thereunder.