ASHOK KUMAR Vs. STATE OF H.P.

JUDGEMENT

(1.) The instant case depicts sordid, despotic and despotic functioning of respondent No. 4 i.e. Andora Agriculture Cooperative Society, who in a most brazen, blatant and defiant manner has flouted and defied not only the mandate of the law but the various directions given under the adjudicatory authorities constituted under the H.P. Cooperative Societies Act, 1968 (for short the Act).

(2.) The facts, as are necessary, for the adjudication of the present petition are that the petitioner was engaged as a Secretary with respondent No. 4 and joined his duties as such on 9.1986. In the year, 2004, when the society was being manned by the Administrator, a criminal case came to be instituted against the petitioner vide FIR No. 148 of 2004. The Administrator vide order dated 1.7.2004 ordered the petitioner to remain under suspension till the decision of the case emerging out of the said FIR. On 28.3.2005, another FIR came to be registered against the petitioner vide FIR No. 13 of 2005. On the basis of the inquiry conducted in the aforesaid FIRs and submissions of inquiry report the services of the petitioner were ordered to be terminated vide the order passed by respondent No. 4 on 9.1.2008.

(3.) This order was assailed by the petitioner before respondent No. 2-Registrar, Cooperative Societies, being the appellate authority and the same was set aside vide order dated 7.4.2008. When respondent No. 4 failed to re-engage the petitioner, it was asked by respondent No. 2 vide notice dated 4.1.2012, as to why the management of the society be not superseded. Not being satisfied with the reply by the society, respondent No. 2 vide order dated 14.6.2012 ordered the supersession of the committee.