ASHWANI KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The petitioner was working with respondent No. 4 Ron Kori Co-operative Agriculture Service Society Ltd., (hereinafter called the Society) as Assistant Secretary/Secretary with effect from 3.8.1992. He successfully contested the election of Pradhan. Gram Panchayat. in December. 1995. In its resolution dated 31.1.1996, the Managing Committee of the Society expressed its full faith in the working of the petitioner and allowed him to continue as Secretary of the Society as well as Pradhan of the Gram Panchayat. Thereafter at the instance of Assistance Registrar, Co-operative Societies. Dehra. the Managing Committee of the Society terminated the services of the petitioner on the ground that being Pradhan of the Gram Panchayat. he could not continue to hold the post of Secretary in the Society. On the other hand, the Deputy Commissioner. Kangra at Dharamshala also asked the petitioner to clarify, how he was holding the office of Secretary of the Society being Pradhan of the Gram Panchayat within 15 days failing which further action will be taken against him under the Himachal Pradesh Panchayati Raj act. In his reply dated 20.11.1996. the petitioner took the stand that since he was suspended from the office of Secretary of the Society against which he had filed an appeal before the Joint Secretary (Cooperation) to the Government of Himachal Pradesh, he was continuing working as Pradhan of the Gram Panchayat, He also expressed that no action will be taken against him under the Himachal Pradesh. Panchayati Raj Act. as he intended to hold the office of Pradhan and resigned from the post of Secretary of the Society. However, since his termination as Secretary of the Society was bad. he had filed appeal against it. The petitioner challenged his termination before the Joint Secretary (Co-operation) to the Government of Himachal Pradesh, under Section 93 of the H.P. Co-operative Societies Act, 1968 (hereinafter referred to as the Act).

(2.) The appeal of the petitioner challenging his termination was allowed by the Joint Secretary (Co-operation) to the Government of Himachal Pradesh holding that the petitioner could retain only one post and issued the following directions :

(3.) Further case of the petitioner is that in pursuance of the direction of the Joint Secretary (Co-operation) to the Government of Himachal Pradesh, issued in his order dated 20.12.1996 he sent a telegram to the Deputy Commissioner, Kangra at Dharamshala on 30.12.1996 intimating his resignation from the post of Pradhan, Gram Panchayat. On the same day, he had sent a letter to the Assistant Registrar, Co-operative Societies. informing him that as he had resigned from the post of Pradhan. Gram Panchayat. the charge of the post of Secretary might be handed over to him. According to him. he also wrote to Up-Pradhan of the Society on 30.12.1996 itself for accepting his joining report as the Pradhan of the Society had refused to accept the same. According to the petitioner. in continuation of his telegram, a letter was also sent to the Deputy Commissioner on 30.12.1996 submitting his resignation from the post of Pradhan. Gram Panchayat, a copy whereof was also sent to the Block Development Officer, Paragpur. The petitioner has placed on record. U.P.C. receipt. under which these letters were allegedly sent to the Deputy Commissioner. Kangra at Dharamshala and Block Development Officer, Paragpur, Tehsil Dehra. District Kangra. as well as copies of the telegram and other communications, which are Annexures P-4 to P-8 to the writ petition.