DOLANG AKOM Vs. STATE OF ARUNACHAL PRADESH

JUDGEMENT

(1.) The facts arising for consideration are that the respondent no. 3 herein/writ petitioner Sri Likha Tejji was appointed to function as Administrator -cum -Managing Director of Arunachal Pradesh Consumer Co - operative Federation Limited (in short APCCFL), Naharlagun in addition to his normal duties in the substantive post as Under Secretary(Education), Government of Arunachal Pradesh, Itanagar. The said appointment was made by Order dated 22.10.2013 issued under the hand of the Registrar, Cooperative Societies, Government of Arunachal Pradesh, Itanagar. After having discharged duties as such for about 1 year 10 months, an order was passed by the same authority on 20.08.2015 replacing Likha Tejji by one Sri Dolang Akon i.e. the appellant herein/respondent no. 3 in the writ petition. The said Order dated 20.08.2015 appointing Sri Dolang Akom and the onsequential dislodgement of Likha Tejji was the subject matter in WP(C) 362(AP)/2015.

(2.) Admittedly, both Likha Tejji and Dolang Akom were appointed in exercise of powers conferred under Section 79(4) of the Arunachal Pradesh Cooperative Societies Act, 1978 and under the hand of the competent authority i.e. the Registrar of Co -operative Societies, Government of Arunachal Pradesh. The primary ground of challenge made by Likha Tejji is that he is entitled to serve for four years in the capacity of Administrator -cum - Managing Director of APCCF Limited by virtue of Rule 27(4) of the bye -laws of the Federation. As such the action of the said authorities to remove him after having worked for only 1 year 10 months is altogether illegal and contrary to the provisions under the aforesaid bye -laws. Further ground assigned is that the appointment of Dolang Akom was purely on political consideration and not in exigency of service or in public interest. In support thereof Likha Tejji brought on record the Note of the Minister, PHE&WS, addressed to the Minister, Co -operation and Panchayat Raj requesting that approval be accorded for appointment of Dolang Akom in the post of Administrator in the Federation. The ground that had been assigned by the Minister, PHE&WS for bringing in Dolang Akom in place of Likha Tejji can be had from the Note itself, which is reproduced here under:

(3.) Per -contra, the State and Sri Dolang Akom had contended that Likha Tejji cannot derive support from the bye -laws and continue for four long years. It was also contended that Likha Tejji had also been appointed on political considerations.