Allahabad High Court
Agori Nishad Navik Evam Matsya ... vs State Of U.P. And 4 Others on 5 December, 2013
Bench: Arun Tandon, Anjani Kumar Mishra
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 10
Case :- WRIT - C No. - 66522 of 2013
Petitioner :- Agori Nishad Navik Evam Matsya Jeevi Sahkari Samiti Ltd.&Anr
Respondent :- State Of U.P. And 4 Others
Counsel for Petitioner :- Ravi Prakash Srivastava
Counsel for Respondent :- C.S.C.
Hon'ble Arun Tandon,J.
Hon'ble Anjani Kumar Mishra,J.
Agori Nishad Navik Evam Matsya Jeevi Sahkari Samiti Ltd. is a registered co-operative society at Kargara, Sonebhadra. Sri Neeraj Kumar was admittedly, the Secretary of the said society. The society is alleged to have made a resolution on 24.7.2013 removing Neeraj Kumar from the office of Secretary and in his place appointing Sri Sanjay Kumar as a new Secretary, who is implead as petitioner no. 2 in this petition.
The Assistant Director, Fisheries under letter dated 6.8.2013 forwarded the relevant papers to the Director, Fisheries, Lucknow Uttar Pradesh seeking sanction for Sanjay Kumar being permitted to work as new Secretary of the society. On 8.8.2013, Director Fisheries forwarded a letter to the Assistant Director, District Sonbhadra to submit his report after enquiry as to what was the charges against Neeraj Kumar and what reply was submitted by him and what proceedings have been taken for his removal and thereafter to submit the same along with his comments.
It appears that there is nothing on record as to what has been done in pursuance to the letter of the Director dated 8.8.2013. What is on record, is a letter of the Assistant Director, Fisheries Sonbhadra dated 19.10.2013 which in turn refers to a letter of the Commissioner Vindhyanchal Mandal, Mirzapur dated 28.9.2013 directing for charge being handed over to Sri Sanjay Kumar within three days.
It appears that Sanjay Kumar brought such facts to the notice of the Director Fisheries, Lucknow who in turn under the impugned order dated 24.11.2013 has directed that the compliance of the directions under letter dated 8.9.2013 has not been reported, and therefore, till necessary compliance is made, Sri Neeraj Kumar would continue to work as Secretary.
It is against this order that the present writ petition has been filed. On pointed query as to whether the order of the Director dated 8.8.2013 was complied with, and if so, what steps have been taken. Learned counsel for the petitioner submit that such proceedings have been drawn and an enquiry has been completed. But there is no material on record to substantiate the said allegation.
Moreover, we find that the order of the Director dated 14.11.2013 only provides that till legal proceedings have been completed, Mr. Neeraj Kumar would continue to the Secretary. Since it is the case of the society that such legal proceedings have already been taken, it is left open for the society to bring the complete facts to the notice of the Director within two weeks from today along with a certified copy of this order and it is left open for the Director to satisfy himself that the said proceedings were taken in accordance with law or not and pass further orders as may be required, after affording opportunity of hearing to Mr. Neeraj Kumar.
The said exercise may be completed within four weeks of the submission of the documents by the petitioner.
All consequential actions shall be taken in accordance with law.
Order Date :- 5.12.2013
Priyanka
