DINESH ARORA Vs. RAJASTHAN STATE CO

JUDGEMENT

(1.) The short question with which this court has to address itself in the present writ petition is as to whether the Rajasthan State Cooperative Sheep and Wool Marketing Federation Ltd. (in short "Federation") is State Public Undertaking of the Government of Rajasthan being an instrumentality of the State was justified in initiating a second enquiry against the petitioner on the basis of the original charge-sheet dated 18.6.1985 and to have kept it pending for a long time and not to have completed the same with inordinate delay with a view to cause harassment to the petitioner and whether such an enquiry should not be treated as malafide and illegal and would justify revocation by this Court?

(2.) Respondent-Federation is registered as a society under the Rajasthan Cooperative Societies Act, 1965 as a State Public undertaking of the Government of Rajasthan. It has framed its own byelaws for its day-today functioning. As per bye law No. 66 the Government of Rajasthan has power to appoint Managing Director of the Federation who shall control and supervise the administration set up by it which shall be subject to the supervision and control of the Federation. It is obligatory on the Managing Director to perform such duties and function as the Federation may entrust or delegate to him. Further as per bye-law 47 the business of the Federation shall be carred on and managed by a Board of Directors which will be constituted as hereunder, except as provided in bye-law No. 47 which reads as under

(3.) Byelaw No. 61 which deals with the powers of the Board stipulates as under