C/M, Kisan Sewa Sahkari Samiti ... vs State Of U.P. And 5 Others
2015 Latest Caselaw 615 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 58
 

 
Case :- WRIT - A No. - 29771 of 2015
 

 
Petitioner :- C/M, Kisan Sewa Sahkari Samiti Ltd.
 
Respondent :- State Of U.P. And 5 Others
 
Counsel for Petitioner :- Ashwani Kumar Mishra
 
Counsel for Respondent :- C.S.C.,Sujeet Kumar Rai
 

 
Hon'ble B. Amit Sthalekar,J.

Heard Sri Ashwani Kumar Mishra, learned counsel for the petitioner and Sri Sujeet Kumar Rai, learned counsel for the respondents.

The petitioner is aggrieved by orders dated 15.4.2015 and 12.5.2015. By the order dated 15.4.2015, the charge of the post of Managing Director was taken from one Raj Kumar, In-charge Secretary and directed to be handed over to one Sri Bhim Prakash, Co-operative Supervisor. By the second order dated 12.5.2015, in place of Sri Bhim Prakash, Director has handed over his charge to Sri Narendra Singh Rana.

Sri Ashwani Kumar Mishra, learned counsel for the petitioner submits that such orders have been passed by the Member Secretary of the District Committee in its individual capacity, whereas Regulation-10 of the Uttar Pradesh Recovery Federal Authority (Business) Regulation, 1976, such decisions only can be taken by the District Committee and under Regulation-10 (3) (VI), such power may also be exercised by the Chairman but will require subsequent approval by the District Committee in the next meeting.

Sri Ashwani Kumar Mishra further submits that there is nothing on the record to show that the order of 15.4.2015 has been approved by the District Committee and now that order has been modified by the subsequent impugned order dated 12.5.2015, which also has not been approved by the Director of the District Administrative Committee or District Committee.

Sri Sujeet Kumar Rai, learned counsel for the respondents prays for and is granted a week's time to obtain instruction.

Put up as fresh on 27.5.2015.

Order Date :- 21.5.2015

Ashish Pd.